After a loved one’s death from mesothelioma, family can file a wrongful death lawsuit or trust fund claim. Successful claims hold negligent companies accountable and provide financial support. The average asbestos settlement ranges from $1 million to $2 million.
Written by Samuel Meirowitz, Esq. | Edited by Amy Edel | Last Update: November 17, 2025
"Because of you, my mother is going to be financially set onc...." see more
Starr G. - Daughter of a Mesothelioma Patient
"They were able to help us find legal representation and char...." see more
Kerry G. - Daughter of a Mesothelioma Patient
"The Mesothelioma Center was so helpful. I received so much i...." see more
Brittany G. - Daughter of a Mesothelioma Patient
"My father was recently diagnosed with mesothelioma. We as a ...." see more
Cindy R. - Daughter of a Mesothelioma Patient
"My Dad was diagnosed with mesothelioma, and thankfully The M...." see more
Patrick K. - Son of a Mesothelioma Patient
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
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.
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.
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.
Different Types of Claims After 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.
Use our calculator to quickly understand what compensation you may be eligible for and understand your rights — all at no cost to you.
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
Loved ones of those exposed to asbestos-contaminated talc can also 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.
If the plaintiff in a personal injury lawsuit passes away before their case is resolved, the asbestos claim often is amended 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 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?
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
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.
Get help finding a top attorney who can get you the compensation you deserve.
Get Help NowCompensation 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
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.
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.
Total amount in asbestos trust fund payouts
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
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.
Get an inside look at the claims process during our free webinar.
Reserve Your SpotFiling 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.
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!
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.
Key Legal Requirements for Filing an Asbestos Claim After Death
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.
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.
The average time limit you have to file a mesothelioma claim after diagnosis.
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.
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
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
Compensation from a claim filed after death can cover any expenses.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
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
Generally, compensation from a wrongful death lawsuit verdict or asbestos trust settlement is not taxable.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
Stay up-to-date on treatment, research, clinical trials, doctors and survivors
The information on this website is proprietary and protected. It is not a substitute for professional medical advice, diagnosis or treatment. Any unauthorized or illegal use, copying or dissemination will be prosecuted. Please read our privacy policy and terms of service for more information about our website.
This website and its content may be deemed attorney advertising. Prior results do not predict a similar outcome.
The Mesothelioma Center’s claim as the most trusted resource is based on our more than 150 5-star Google and BBB reviews. Our organization also helps more than half of all mesothelioma patients annually diagnosed.
Your web browser is no longer supported by Microsoft. Update your browser for more security, speed and compatibility.
If you are looking for mesothelioma support, please contact our Patient Advocates at (855) 404-4592
The Mesothelioma Center at Asbestos.com has provided patients and their loved ones the most updated and reliable information on mesothelioma and asbestos exposure since 2006.
Our team of Patient Advocates includes a medical doctor, a registered nurse, health services administrators, veterans, VA-accredited Claims Agents, an oncology patient navigator and hospice care expert. Their combined expertise means we help any mesothelioma patient or loved one through every step of their cancer journey.
More than 30 contributors, including mesothelioma doctors, survivors, health care professionals and other experts, have peer-reviewed our website and written unique research-driven articles to ensure you get the highest-quality medical and health information.
My family has only the highest compliment for the assistance and support that we received from The Mesothelioma Center. This is a staff of compassionate and knowledgeable individuals who respect what your family is experiencing and who go the extra mile to make an unfortunate diagnosis less stressful. Information and assistance were provided by The Mesothelioma Center at no cost to our family.LashawnMesothelioma patient’s daughter
Meirowitz, S. (2025, December 1). Asbestos Claims After Death. Asbestos.com. Retrieved December 15, 2025, from https://www.asbestos.com/mesothelioma-lawyer/statute-of-limitations/filing-asbestos-claim-after-death/
Meirowitz, Samuel. "Asbestos Claims After Death." Asbestos.com, 1 Dec 2025, https://www.asbestos.com/mesothelioma-lawyer/statute-of-limitations/filing-asbestos-claim-after-death/.
Meirowitz, Samuel. "Asbestos Claims After Death." Asbestos.com. Last modified December 1, 2025. https://www.asbestos.com/mesothelioma-lawyer/statute-of-limitations/filing-asbestos-claim-after-death/.
Samuel Meirowitz represents plaintiffs across the United States in mesothelioma and asbestos legal cases. He is a partner at the Manhattan-based Meirowitz & Wasserberg law firm.
Our fact-checking process begins with a thorough review of all sources to ensure they are high quality. Then we cross-check the facts with original medical or scientific reports published by those sources, or we validate the facts with reputable news organizations, medical and scientific experts and other health experts. Each page includes all sources for full transparency.
Please read our editorial guidelines to learn more about our content creation and review process.
