Filing a Wrongful Death Lawsuit for Mesothelioma

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

1. These cases fall under product liability law because companies failed to protect people from asbestos.
2. Most settlements are private, but the average payout is estimated at more than $1 million.
3. Some jury verdicts reach amounts similar to personal injury cases. The 2024 Mealey’s Litigation Report lists the average personal injury verdict at $20.7 million.
4. 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. Most firms offer free consultations, so you can learn about your options without any pressure.

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. However, compensation is not guaranteed; verdict awards typically take longer 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.

Following a $20 million asbestos-talc verdict, defendants DAP and Vanderbilt Minerals settled outside of court with Kathleen Peckham, who 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.

Who 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.

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.

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

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.

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 disease. 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

They also give families a way to demand accountability from the companies that caused asbestos exposure. According to Mealey’s 2024 Litigation Report, some recent wrongful death jury verdicts have awarded amounts similar to personal injury cases, with an average of $20.7 million.

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

Filing a wrongful death claim for mesothelioma comes with unique challenges. Because your loved one is no longer here to share details about their asbestos exposure, it can be harder to prove how and where exposure happened. Family members often don’t have all the information needed to build a strong case.

A skilled mesothelioma attorney can help fill in these gaps. Attorneys gather evidence, locate former co-workers, and work with expert witnesses to support your claim. They also track down medical and work records, which can be difficult to access after someone passes away. With the right legal support, families can still pursue compensation and hold companies accountable for asbestos exposure.

Jim Kramer, a partner at the Simmons Hanly Conroy law firm, tells us, “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.”

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.

About 3 in 10 people who contact The Mesothelioma Center for legal help have already missed their state’s deadline. 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. If you’re within the time limit, reaching out now gives you the best chance to protect your rights and pursue compensation.

Proving Work and Asbestos Exposure History

Building a strong mesothelioma wrongful death case requires detailed evidence of where and how your loved one was exposed to asbestos. Attorneys gather job site information, review work records and identify companies that used asbestos-containing materials. They interview former co-workers and supervisors who can describe the work environment and exposure risks.

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 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 alongside 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 person with mesothelioma dies before their personal injury lawsuit resolves, their case can switch to a wrongful death claim. A family member, usually the estate representative, takes over the legal process and pursues compensation for the estate and surviving family members. Your attorney can help you update a personal injury case to a mesothelioma wrongful death lawsuit. 

For example, Gail Metzger became the estate representative after her husband, John, died from mesothelioma linked to asbestos exposure at work. She updated 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.

Joe Lahav, lawyer and on-site legal advisor at The Mesothelioma Center, tells us, “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

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