Filing a Wrongful Death Lawsuit for Mesothelioma
A mesothelioma wrongful death lawsuit helps families get compensation and justice after losing a loved one to mesothelioma. The average payout for these lawsuits ranges from $1 million to $2 million. They aim to hold companies accountable for asbestos exposure.
Written by Daniel Wasserberg | Edited by Amy Edel | Last Update: July 11, 2025
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Joe Lahav: What happens if a loved one passes during the legal mesothelioma claims process?
Estate representatives are typically loved ones, and they dictate how the case goes forward. They work with your attorneys and that kind of thing. Now that doesn't mean that the entire case goes forward. Some aspects of the case may pass away with you.
Like, for instance, continuing medical bills. Obviously, you don't have continuing medical bills if you're dead, but the majority of your claim goes forward as an asset of the estate as a wrongful death claim.
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Exclusive Content
Joe Lahav: What happens if a loved one passes during the legal mesothelioma claims process?
Estate representatives are typically loved ones, and they dictate how the case goes forward. They work with your attorneys and that kind of thing. Now that doesn't mean that the entire case goes forward. Some aspects of the case may pass away with you.
Like, for instance, continuing medical bills. Obviously, you don't have continuing medical bills if you're dead, but the majority of your claim goes forward as an asset of the estate as a wrongful death claim.
What Is a Mesothelioma Wrongful Death Lawsuit?
A mesothelioma wrongful death lawsuit is a legal claim that lets family members seek compensation after losing a loved one to mesothelioma. These lawsuits hold companies accountable for exposing people to asbestos, the cause of this cancer. Compensation from a claim can help pay for medical bills, funeral costs and other expenses your family faces.
Key Facts About Mesothelioma Wrongful Death Lawsuits
- These cases fall under product liability law because companies failed to protect people from asbestos.
- Most settlements are private, but the average payout is estimated at more than $1 million.
- Some jury verdicts reach amounts similar to personal injury cases. The 2024 Mealey’s Litigation Report reports the average personal injury verdict at $20.7 million.
- A lawsuit can provide your family with needed financial support, so you can focus on what matters most.
Filing a mesothelioma wrongful death lawsuit can feel overwhelming after a loss. An experienced asbestos law firm can guide you through the process and answer your questions about mesothelioma compensation.
If your family member has died from mesothelioma, there are still options to bring the case. The first and most imperative one is to talk to a mesothelioma attorney who can guide you through the process of filing a case on your loved one’s behalf.
Wrongful Death Settlements and Verdicts for Mesothelioma
A mesothelioma trial verdict for a wrongful death mesothelioma lawsuit may result in a higher payout than a settlement. For example, Simmons Hanly Conroy helped a California family who lost their loved one to mesothelioma receive $60 million in a wrongful death settlement. However, compensation isn’t guaranteed. Trial verdicts typically take longer to receive than settlements.
Most mesothelioma lawsuits settle out of court. These settlements provide guaranteed compensation. The average mesothelioma settlement is between $1 million and $2 million.
Notable Settlements and Verdicts
- $81.5M: The Washington Supreme Court confirmed damages in 2021 that were awarded to the estate of Jerry Coogan, who died of mesothelioma from exposure to asbestos in brakes and other mechanical parts.
- $45M: An Illinois jury awarded these damages to the family of Theresa Garcia in 2024. Garcia died of pleural mesothelioma linked to asbestos-contaminated talc in Johnson & Johnson baby powder used for decades.
- $32.7M: A jury ordered Covil Corp. to pay damages to the estate of Franklin Finch in 2018. Finch died of mesothelioma following exposure to asbestos at a Firestone tire factory in Wilson, North Carolina.
- $32M: A South Carolina jury awarded compensatory and punitive damages in 2021 to the estate of Kathy Weist, who died of mesothelioma after secondary exposure to asbestos.
- $30M: An Illinois jury awarded this trial verdict in 2023 to the estate of Thomas Jackson, who died of mesothelioma following secondary asbestos exposure through his father’s employment with Bridgestone Firestone Tires America.
- $12.1M: The estate of Robert Mitchell received damages in a wrongful death lawsuit against John Crane Inc. in 2021. Mitchell died of mesothelioma after exposure to asbestos rope packing.
- $8.8M: A jury awarded damages in 2023 to the estate of John Metzger, who died of mesothelioma after exposure to asbestos cement pipe made by Johns Manville.
Following a $20 million asbestos-talc verdict, defendants DAP and Vanderbilt Minerals settled outside of court with Kathleen Peckham, whose lawsuit claimed her husband died of mesothelioma following exposure to asbestos in DAP 33 window glaze. While the settlement is private, the companies settled to avoid punitive damages and the appeals process.
A qualified mesothelioma attorney has the expertise to advise families whether to settle or wait for trial. Compensation may also be available through wrongful death claims filed with asbestos trust funds.
Find out if you’re eligible to file a mesothelioma lawsuit with help from attorneys who specialize in these cases.
Start My LawsuitWho Can File a Wrongful Death Lawsuit for Mesothelioma?
The estate representative, also called a personal representative, has the legal right to file a wrongful death lawsuit for mesothelioma. This person manages legal matters after someone dies from an asbestos-related illness. The estate representative may be a family member, but sometimes the court chooses someone else if there’s no will.
Examples of Estate Representatives
- Children (including adopted children or stepchildren)
- Close friends
- Court-appointed fiduciaries
- Grandparents
- Parents
- Someone financially dependent on the loved one who died (varies by state)
- Spouses or life partners
A person’s will usually names the estate representative, known as the executor. If there’s no will, the court appoints an administrator to fill this role.
Sometimes, the court picks someone outside the family to serve as the estate representative. This person could be a close friend or a trusted individual who manages the estate’s affairs, called a fiduciary. Courts usually prefer to choose a willing family member when possible. If you’re unsure who can represent your loved one’s estate, a mesothelioma law firm can help guide your family through each step.
The wrongful death case becomes an asset of your estate and it’s managed by an estate representative. Estate representatives are typically loved ones, and they dictate how the case goes forward.
Why File a Wrongful Death Claim for Mesothelioma?
Families often file a mesothelioma wrongful death claim to seek compensation after losing a loved one to this cancer. These claims can help pay for medical bills, funeral costs, lost wages and other expenses associated with mesothelioma.
Types of Wrongful Death Damages
- Funeral expenses
- Grief counseling
- Loss of consortium
- Lost wages
- Medical costs
- Pain and suffering
In some cases, your family may also qualify for other types of compensation, such as an asbestos trust fund payout. Each trust fund has its own filing period. An experienced lawyer can help you file your asbestos trust fund claim. A VA-accredited claims agent can also help you explore your options for VA benefits and file a claim.
Challenges of Filing a Mesothelioma Wrongful Death Claim
The unique challenges of filing and building a successful wrongful death lawsuit affirm the importance of working with an experienced lawyer. Without the direct account of events from your loved one, it can be harder to prove asbestos exposure. But your legal team’s investigators will work to gather extensive documentation and depositions.
Common Challenges in Wrongful Death Claims
- Emotional toll on families
- Gathering evidence and witness testimony
- Proving asbestos exposure history
- Statutes of limitations
Your attorney will locate former co-workers and other key witnesses to your loved one’s exposure. They’ll also work with experts who can support your claim. They’ll track down medical and work records. With the right legal support, families can still pursue compensation and hold companies accountable for asbestos exposure.
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Statutes of Limitations
Families need to file a claim before the statute of limitations expires. In wrongful death lawsuits, the clock starts after mesothelioma is confirmed as the cause of death. Each state sets its own deadline, which usually ranges from 1 to 4 years after a loved one’s passing.
Many families don’t realize they may still be able to file a claim after a loved one’s death. Even if you think you’re out of time, exceptions sometimes apply. An experienced attorney can review your situation and let you know if your claim still qualifies.
About 30%
Percentage of people who contact The Mesothelioma Center for legal assistance who have missed their deadline.
Proving Work and Asbestos Exposure History
Building a strong mesothelioma wrongful death case requires detailed evidence proving your asbestos exposure. This includes medical records, employment history and expert testimony.
Ways Your Attorney Will Assist You
- Collecting work records and identifying asbestos product use
- Identifying exposure sites through job site research
- Interviewing former co-workers and supervisors for details about workplace conditions
Medical records play a key role in mesothelioma lawsuits but obtaining them after someone passes away can take extra time and paperwork. A skilled attorney requests these records and works with experts to explain how asbestos exposure caused mesothelioma. With the right legal support, families can collect the documentation needed to move a claim forward even without the patient’s direct testimony.
Witness Testimony
Direct testimony from the person diagnosed with mesothelioma often provides key details about work history and asbestos exposure. When that testimony isn’t available, attorneys rely on statements from former co-workers, supervisors and others who can describe job conditions and exposure risks.
Finding these witnesses can be difficult, especially years after exposure. Experienced mesothelioma attorneys use investigative tools and industry resources to locate people who worked with your loved one. They gather statements and build a timeline of exposure, helping to strengthen your case even when first-hand details are missing.
Can Personal Injury Claims Become Wrongful Death Claims?
If a loved one dies while a personal injury case is pending, the case can be amended into a wrongful death lawsuit. The estate can pursue the damages their loved one would have been entitled to, as well as damages for the family’s loss. Your attorney can help you with the amendment process and represent the estate in the litigation.
| Personal Injury Lawsuit | Wrongful Death Lawsuit |
|---|---|
| A living patient is the plaintiff | Family members or the estate are the plaintiffs |
| The patient gives their personal account | Witnesses provide details of exposure |
| Compensation goes to the patient | Compensation goes to heirs or estate |
For example, Gail Metzger became the estate representative after her husband, John, died from mesothelioma linked to asbestos exposure at work. She amended his personal injury claim to include a wrongful death action. In 2023, a jury awarded the Metzger estate more than $8.8 million. In another case, Robert Weist continued his wife Kathy’s lawsuit after her death. Kathy had sued Kraft Heinz and others for asbestos exposure. In 2021, a jury awarded the Weist family $32 million.
The wrongful death case becomes an asset of your state, and an estate representative manages it. They dictate how the case goes forward.
Common Questions About Mesothelioma Wrongful Death Claims
- What are my options if I think my loved one died from mesothelioma?
-
You should investigate your options with a mesothelioma attorney.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
- Why is compensation available for mesothelioma patients and loved ones?
-
Compensation may be available for mesothelioma patients and their loved ones to provide money for the injury and suffering they experienced.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
- What is the average settlement for a mesothelioma death?
-
There is no average payout for a mesothelioma death. Any compensation is determined by the evidence obtained against the viable asbestos companies pursued in litigation and the bankrupt asbestos companies in which claims were filed against the asbestos trusts.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
- What’s the difference between a wrongful death lawsuit and an asbestos trust fund claim?
-
A wrongful death lawsuit is a litigation against viable asbestos companies for causing the death of a mesothelioma victim, whereas an asbestos trust fund claim is a claim against the asbestos trusts for bankrupt asbestos companies.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
