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 often 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 in 2024 averaged $20.7 million.
3. Eligibility to file varies in each state. Often, surviving spouses, children and parents meet the criteria.
4. Filing deadlines (statutes of limitations) are usually around 1 to 3 years from the date of death, depending on the state. An asbestos attorney can confirm your deadline.

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 primarily on work history and asbestos exposure details from documents and 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. Samuel Meirowitz, a mesothelioma lawyer and partner at Meirowitz & Wasserberg, shared his firsthand experience with these cases with us.

Expert Insight

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.

Samuel Meirowitz , mesothelioma lawyer and partner at Meirowitz & Wasserberg

Types of Asbestos Claims After Death

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

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 to his father’s work clothes. His father worked 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.

Who Is Eligible to File an Asbestos Claim After Death?

Who is eligible to file an asbestos claim after death can vary, 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. A licensed mesothelioma attorney will determine your eligibility.

Loved ones of those exposed to asbestos-contaminated talc may also be eligible to 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.

Survivor Experience

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

Verified Asbestos.com Survivor

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 is often converted to 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 estate, and an estate representative manages it.” Any compensation from the asbestos claim goes to the estate. 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.

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.

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. Most 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. Trial awards 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.

Compensation Available Through Asbestos Claims After Death

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

Types of Expenses Covered

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

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.

A mesothelioma attorney can explain the types of compensation your family may qualify for. They help ensure you pursue maximum compensation through wrongful death claims or asbestos trust funds.

I asked my Patient Advocate, Missy Miller at The Mesothelioma Center, for law firm recommendations to help me afford treatment expenses. It was the best decision ever. It ended up being about more than just compensation. Let’s make these responsible entities accountable.

Kim Madril , pleural mesothelioma survivor

Average Payouts

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

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 may also be a key factor.  

Some Factors That May Affect Your Compensation

• Age when your loved one passed away
• Asbestos products your loved one was exposed to
• 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

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 your claim. 

Active participation in the legal process from your loved one can ensure the 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.

Because of The Mesothelioma Center’s help, my mother will be financially set once the settlements come in. Ensuring she would be taken care of was my father’s biggest worry. You were my father’s guardian angel!

Starr G. , mesothelioma caregiver

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 usually must prove the person was exposed to asbestos, show that the exposure caused their illness and death and file within the statute of limitations. State laws also decide who can file a wrongful death claim, usually a spouse, child, parent or someone financially dependent on the deceased.

Typical Legal Requirements for Filing an Asbestos Claim After Death

• Establishing asbestos exposure
• Filing before the statute of limitations
• Identifying defendants and documenting their responsibility
• Proving exposure to asbestos led to the death of your loved one

You’ll need to gather strong evidence, such as medical records, work history and proof of exposure, to connect the illness to asbestos. An experienced mesothelioma attorney can help you understand eligibility, document exposure and build the strongest possible case within the legal time limits.

How Long Do You Have to File?

The statute of limitations for asbestos wrongful death claims is typically 1 to 3 years from the date of death, depending on the state where the claim is filed. For personal injury claims, the clock generally starts at the date of diagnosis. Because asbestos-related diseases can take 20 to 60 years to develop, those timelines usually begin at diagnosis or death, not at the time of exposure.

In practice, these deadlines are more complex than they first appear. State statutes can change, and the details of your case may affect where your attorney recommends filing, which means the applicable timeframe could differ from what you’d expect in your home state. Asbestos trust funds add another layer, as they often set their own deadlines independently of state law.

Speaking with an experienced asbestos attorney as soon as possible after a diagnosis or the loss of a loved one is the surest way to understand your options. An attorney can review the specifics of your situation, identify every path available to you, and make sure nothing is overlooked.

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.

Key Documents to Gather

• Employment history: Including job titles, dates and work locations
• List of asbestos products: Note all of the asbestos-containing materials your loved one used on the job
• Medical records: All records documenting your mesothelioma diagnosis and treatment
• Potential witnesses: Names of co-workers who can serve as exposure witnesses
• Secondary exposure details: The details of a parent or relative’s work history and primary asbestos exposure that led to your secondhand exposure

Be specific about the tasks your loved one performed and the equipment or materials they used, because some products may have contained asbestos. 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

How long after death can you file an asbestos claim?

The deadline for filing a wrongful death asbestos claim depends on the state where you file, and the details of your case can affect which rules apply. An experienced asbestos attorney can review your situation, identify the deadlines and any exceptions specific to your case and make sure nothing is missed.

As Carl Money, an attorney at The Nemeroff Law Firm notes, “Most states give families 1 to 3 years from the date of death to file a wrongful death asbestos claim. The deadline varies depending on where you file and some states have special rules for asbestos-related diseases like mesothelioma. Don’t wait to speak with an asbestos attorney. They can confirm your deadline and help you start the process before time runs out.”

Can you file an asbestos claim after someone dies?

Family members can file a wrongful death mesothelioma lawsuit or pursue claims against asbestos trust funds after a loved one dies. An experienced asbestos attorney can identify which options apply to your situation and guide the family through the process.

As Carl Money, mesothelioma attorney at Nemeroff Law Firm, tells us, “Yes, you can generally file a wrongful death mesothelioma lawsuit or file a claim against the asbestos trusts after someone dies.”

 

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

Filing an asbestos wrongful death lawsuit starts with hiring an attorney who specializes in asbestos litigation. From there, your attorney handles the legal process, pursuing claims against responsible companies and filing with asbestos trust funds on your family’s behalf.

As Carl Money, mesothelioma attorney at Nemeroff Law Firm, tells us, “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.”

 

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

Compensation from a wrongful death asbestos claim can cover a wide range of expenses, including medical bills, lost income, funeral and burial costs and the pain and suffering endured by the patient and family. An attorney can help identify every category of damages your family may be entitled to pursue.

As Carl Money, mesothelioma attorney at Nemeroff Law Firm, tells us, “Compensation from a claim filed after death can cover any expenses.”

 

How are wrongful death benefits paid out?

Wrongful death settlements in asbestos cases are paid directly to the heirs. When a lawsuit resolves with each asbestos defendant, that defendant’s settlement amount is distributed to the family. Cases involving multiple defendants may result in several separate payments over time.

As Carl Money, mesothelioma attorney at Nemeroff Law Firm, tells us, “Wrongful death settlements with asbestos companies are paid to the heirs when the lawsuit is settled with each asbestos defendant.”

 

Is compensation from a wrongful death verdict or settlement taxable?

Compensation from a wrongful death asbestos lawsuit or trust fund settlement is generally not taxable. Families typically receive the full amount of any verdict or settlement without federal income tax liability.

As Carl Money, mesothelioma attorney at Nemeroff Law Firm, tells us, “Generally, compensation from a wrongful death lawsuit verdict or asbestos trust settlement is not taxable.”

 

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