Asbestos Claims After Death

Filing an Asbestos Claim After Death of Loved One

Filing an asbestos claim after death, or a wrongful death claim, allows families who’ve lost a loved one to an asbestos-related illness, like mesothelioma, to seek compensation. Asbestos claims or lawsuits can hold manufacturers accountable for asbestos exposure.

Key Facts About Asbestos Claims After Death

1. Family members who lost a loved one to asbestos cancer can file a wrongful death claim.
2. Average wrongful death and personal injury settlements for mesothelioma range from $1 million to $2 million, and trial verdicts average $20.7 million.
3. Eligibility to file varies in each state. Often, surviving spouses, children, parents and grandparents meet the criteria.
4. Deadlines limit when loved ones may file claims. Asbestos attorneys can review your eligibility.

In personal injury lawsuits, plaintiffs can participate in depositions, providing firsthand accounts of their asbestos exposure. In asbestos claims after death, the case often relies solely on work history and asbestos exposure details from gathered documents and other witnesses. While this can make these claims more challenging, experienced asbestos lawyers can guide families or estate representatives through the process of filing a mesothelioma lawsuit. 

Mesothelioma lawyer and partner at Meirowitz & Wasserberg Samuel Meirowitz shared his firsthand experience with these cases with us. He tells us, “Oftentimes, people will come to us, spouses, children and will say, ‘Hey, my dad worked in an industrial field and was diagnosed with mesothelioma, but unfortunately, he passed away. Is there anything that you can do?’ And the answer is yes, because you have a certain amount of time to file a wrongful death action.”

Types of Asbestos Claims After Death

There are 3 main types of asbestos claims after death: wrongful death lawsuits, settlements and asbestos trust fund claims. A mesothelioma lawyer can best explain the differences between these types of claims and recommend what’s best for your family.

Different Types of Claims After Death

• Settlement: After an asbestos lawsuit is filed against an asbestos company, that company will often pay a sum to resolve or settle the asbestos claim.
• Trust fund claim: Asbestos manufacturers may create these as part of a bankruptcy protection plan to fund current or future compensation claims. People may be eligible to file claims with more than one asbestos trust fund depending on the details of their exposure.
• Wrongful death claim: This is a legal action claiming that negligent manufacturers and companies are liable for asbestos exposure that led to someone’s death.

A wrongful death lawsuit can help families cover medical bills, funeral costs and lost income. Mesothelioma compensation can bring much-needed financial relief during a difficult time.

In one case, an Illinois jury awarded $30 million to the family of Thomas Jackson. He developed peritoneal mesothelioma after years of secondary asbestos exposure from his father’s work clothes at a Bridgestone Firestone plant. The jury found the company responsible for his illness and death after evidence showed Jackson’s exposure began in childhood. They awarded damages for economic losses, wrongful death and survivor claims.

Mesothelioma Compensation Calculator

Use our calculator to quickly understand what compensation you may be eligible for and understand your rights — all at no cost to you.

Find Out Now

Who Is Eligible to File an Asbestos Claim After Death?

Who is eligible to file an asbestos claim after death can vary across the country depending on state laws. Usually, the person filing must be a close family member or the estate’s representative. Some states also allow life partners to file. Estranged relatives or acquaintances typically can’t bring a claim.

People Eligible for After-Death Asbestos Claims

• Children, including adopted children or stepchildren
• Parents or grandparents
• Someone financially dependent on the deceased (this varies by state)
• Spouse or life partner

People exposed to asbestos-contaminated talc can file wrongful death lawsuits. One wrongful death lawsuit in April 2024 resulted in an award for the family of Theresa Garcia, who died from mesothelioma after using Johnson & Johnson’s talc-based baby powder for years. 

An Illinois jury awarded Garcia’s family $45 million. Her family’s lawsuit claimed the product was contaminated with asbestos. The jury found J&J and its affiliate Kenvue responsible for her illness and death.

“I’ve worked with many families who lost a loved one before they had a chance to speak with a lawyer. But it doesn’t mean that the family of that person who passed away can’t pursue their legal rights. You have a certain amount of time to file a wrongful death action, depending on your jurisdiction.”

Samuel Meirowitz, legal partner at Meirowitz & Wasserberg

How Does an Asbestos Claim Change if a Claimant Dies?

If the plaintiff in a personal injury lawsuit passes away before their case is resolved, the asbestos claim usually transitions into a mesothelioma wrongful death lawsuit. The estate representative or estate administrator can continue the process of the wrongful death claim. 

Lawyer and on-site legal advisor at The Mesothelioma Center, Joe Lahav, tells us, “The wrongful death case becomes an asset of your state, and an estate representative manages it.” Any compensation from the asbestos claim goes to the estate, not the representative. It’s divided among surviving family members or the estate’s heirs according to the will or state law.

The estate or family may also file trust fund claims if they’re eligible. It’s important to work with an experienced attorney to assess eligibility, explore all options and prepare filings.

Expert Take

Samuel Meirowitz: How does filing a mesothelioma claim change after a patient’s death?

View Transcript

In the unfortunate situation, when somebody passes away before they’re ever able to speak with a lawyer, it doesn’t mean that the family of that person that passed away can’t pursue, their legal rights. And so oftentimes, people will come to us, spouses, children will say, hey, my dad worked in an industrial field and was diagnosed with mesothelioma, but unfortunately, he passed away. Is there anything that you can do? And the answer is yes, because you have a certain amount of time to file a wrongful death action, and it depends upon what jurisdiction that you’re in, as to what time frame that is. But you can file a case. It does involve, a good amount of investigative work by the lawyers that’s why you have to hire the right law firm to to help you do it.

How to File a Wrongful Death Claim for Mesothelioma

It’s essential to seek the advice of an expert mesothelioma attorney when filing a wrongful death claim for mesothelioma. Building a strong case takes skill and knowledge, especially when gathering details about asbestos exposure is complicated.

Steps for Filing a Wrongful Death Claim

1. Find an attorney: Selecting a mesothelioma attorney is an essential first step in filing a wrongful death claim. Leading mesothelioma law firms provide free consultations and case evaluations to help you get started.
2. File the claim: An asbestos law firm can determine the best state to file your claim. For example, if the deceased worked in multiple states, the family may not limit a claim to their last or longest residence.
3. Discovery period: Your attorney will use investigators to gather evidence. They’ll interview people who knew or worked with your loved one, help find witnesses who can speak about possible asbestos exposure and collect important documents like medical records.
4. Defendant responses: The defendants will be able to respond to your claim and may request interviews or depositions. Your attorney will support and guide you through each stage of the process.
5. Resolution of claim: Like personal injury claims, wrongful death suits usually end with a trial verdict or a settlement. Mesothelioma settlements are typically quicker than a trial payout. Trials can take months to years.

Some states allow families to file claims seeking compensation and to hold companies responsible for secondhand asbestos exposure. Asbestos fibers are tiny and can stick to clothes, shoes, hair or skin, so people who worked with asbestos may have unknowingly brought it home. 

Jobs like firefighting, construction, electrical work and auto repair often put workers at risk of carrying asbestos fibers to their families or anyone else who lives in the home. An attorney can help you find out if you can file a secondhand exposure claim in a wrongful death case.

Find the Right Mesothelioma Attorney for You

We get your case in front of the right mesothelioma law firm and stay by your side so you can focus on your health.

Get Legal Help

Compensation Available Through Asbestos Claims After Death

Compensation from an asbestos claim after death can come from wrongful death lawsuits or asbestos trust funds. These claims help cover funeral costs, medical bills and lost wages for the family.

Types of Expenses Covered

• End-of-life costs
• Funeral costs
• Loss of care
• Loss of wages
• Outstanding costs from treatment
• Pain and suffering

Compensation can also help with travel costs to hospitals and hotel stays. A mesothelioma attorney can explain what types of compensation your family may qualify for.

If your loved one’s asbestos exposure happened during military service, you may also qualify for VA benefits, such as a VA Survivors Pension. The VA-accredited claims agents in our Veterans Department can determine your eligibility and help you file your claim.

Average Payouts

The average mesothelioma settlement for wrongful death and personal injury lawsuits is between $1 million and $2 million. The average trial verdict is $20.7 million, according to the 2024 Mealey’s Litigation Report. 

Mesothelioma Compensation Facts for 2024

• $1 million to $2 million range for the average settlement
• $20.7 million is the average lawsuit trial verdict
• More than $17.5 billion in total asbestos trust fund payouts 

The actual compensation an estate receives varies based on the details of each case. Your mesothelioma lawyer can explain the factors that may affect your total compensation.

Factors Affecting Compensation

Factors affecting how much compensation you may receive from an asbestos claim filed after the death of a loved one include the financial losses you’ve experienced. For example, medical expenses from your loved one’s mesothelioma treatment are considered. Lost wages your family would otherwise have had to live on are also a key factor.  

Factors That May Affect Your Compensation

• Age when your loved one passed away
• Asbestos products your loved one was exposed to
• Details of your loved one’s diagnosis
• Evidence and eyewitness testimony of exposure
• Loss of income your family counted on
• Marital status at the time of your loved one’s death
• Medical expenses from their treatment and care
• Your loved one’s number of dependents
• Occupational history
• State where wrongful death claim is filed

Loss of companionship may also be part of the total calculation in a settlement or trial verdict. And the costs associated with a funeral and burial also affect wrongful death compensation amounts. An experienced mesothelioma attorney can help you decide which options are available to you.

Why File an Asbestos Claim Before the Death of a Loved One

Filing an asbestos claim before a loved one’s death allows the firsthand evidence to be gathered and preserved for use in the case. This evidence can make it easier to build a strong legal case. 

Active participation in the legal process from your loved one can ensure your legal team is aware of all products used, exposure sites and witnesses. Your loved one can share details of their mesothelioma diagnosis, treatment experience and asbestos exposure history. 

Filing as early as possible gives you time to explore more options and prepare every detail. Starting your claim as a personal injury lawsuit before your loved one passes starts the process to ensure your family has the financial support you need as soon as possible.

Legal Requirements for Filing Asbestos Claims After Death

To file an asbestos claim after a loved one’s death, you need to meet several requirements. You must prove the person was exposed to asbestos, show that the exposure caused their illness and death and file within the statute of limitations, which is usually 1 to 3 years, depending on the state. 

State laws also decide who can file a wrongful death claim, usually a spouse, child, parent or someone financially dependent on the deceased. You’ll need to gather strong evidence, such as medical records, work history and proof of exposure, to connect the illness to asbestos. 

Key Legal Requirements for Filing an Asbestos Claim After Death

• Establishing asbestos exposure
• Filing before the statute of limitations
• Identifying and documenting defendants’ responsibility 
• Proving causation

Asbestos-related diseases can take 20 to 60 years to appear, so these long latency periods can make it harder to collect evidence and meet filing deadlines. Working with an experienced mesothelioma attorney can help you understand eligibility, document exposure and build the strongest possible case within the legal time limits.

How Should You Document Asbestos Exposure?

The best way to document asbestos exposure is to gather medical records, employment history and any job-related documents that show where and how exposure happened. If you think a loved one was exposed to asbestos, write down their work history, including job titles, dates and locations. 

Be specific about the tasks they performed and the equipment or materials they used because some products may have contained asbestos. List co-workers who worked closely with your family member, as they can serve as witnesses for your claim. 

If a parent or relative worked with asbestos, note their work history too, because secondhand exposure can also be important in these cases. Collecting this information early helps your attorney connect the illness to asbestos exposure and build a stronger case.

Common Questions About Filing an Asbestos Claim After Death

Can you file an asbestos claim after someone dies?

Yes, you can generally file a wrongful death mesothelioma lawsuit or file a claim against the asbestos trusts after someone dies. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What is the process for filing an asbestos wrongful death lawsuit?

It is best to hire an attorney specializing in asbestos litigation and allow them to pursue litigation against the asbestos companies and file claims against the asbestos trusts. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What expenses can compensation from a claim filed after death cover?

Compensation from a claim filed after death can cover any expenses.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

How are wrongful death benefits paid out?

Wrongful death settlements with asbestos companies are paid to the heirs when the lawsuit is settled with each asbestos defendant.  

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Is compensation from a wrongful death verdict or settlement taxable?

Generally, compensation from a wrongful death lawsuit verdict or asbestos trust settlement is not taxable.  

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm