Family members who lost a loved one to mesothelioma can file a mesothelioma claim after death against the companies responsible for asbestos exposure. If the lawsuit proves wrongful death because of the company's negligence, families may receive compensation.
An asbestos claim after death, also known as a wrongful death claim, allows family members to seek compensation for their loved one’s asbestos-related death. Filing asbestos claims or lawsuits allows families to hold manufacturers of asbestos-containing products accountable for the exposure that led to their loved one’s passing.
Usually, living patients file a personal injury claim or an asbestos trust fund claim on their behalf. The patient, or plaintiff, is typically the most crucial witness in the case against the defendants.
After the patient dies, they’re no longer there to prove their exposure history or identify witnesses who can attest to their asbestos exposure. That’s one of the reasons why navigating an asbestos claim after a patient’s death is complex.
However, that doesn’t mean family members of a deceased loved one can’t file an asbestos claim such as a mesothelioma lawsuit. An experienced mesothelioma lawyer can best advise family members and the estate about available legal options.
Key Facts About Asbestos Claims After Death
Family members who lost a loved one to asbestos cancer can file a wrongful death claim.
Settlements range from $1-$2 million and jury verdicts averaged $10.6 million between 2021 and 2022.
Eligibility to file varies in each state. Often surviving spouses or adult children meet the criteria.
Deadlines limit when loved ones may file claims. Asbestos attorneys can review your eligibility.
Who Is Eligible to File a Claim?
When someone dies from an asbestos-related illness, family members of the deceased may have the option of filing a wrongful death claim on behalf of the estate. Our research shows the rules and limitations of who can file a wrongful death claim vary in each state, but generally, it must be someone close to the deceased, not an estranged family member or acquaintance.
People Eligible for After-Death Claims
Spouse or life partner
Children, including adopted children or stepchildren
Parents or grandparents
Someone financially dependent on the deceased (this varies by state)
A wrongful death lawsuit can help families offset debt from medical expenses, funeral costs and loss of income. Mesothelioma compensation may provide much-needed security to families facing financial hardship.
A Wisconsin jury awarded $26.5 million in 2021 to a widow who filed an asbestos claim after the death of her husband, Gerald Lorbiecki. He experienced asbestos exposure while working at Wisconsin Electric, which settled before trial, and Pabst’s Milwaukee brewery. He died of mesothelioma in 2018.
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How Does an Asbestos Claim Change if a Claimant Dies?
If a mesothelioma plaintiff dies before the resolution of their claim, an estate representative can continue the claim as a wrongful death lawsuit. Any potential compensation from the claim will go to the estate, not the estate representative. The payment can then be divided, similar to how a will divides estate assets among family members.
The overall damages awarded in a mesothelioma wrongful death case often are less than they would be had the lawsuit been filed while the plaintiff was still living. A living plaintiff is presumed to have ongoing medical bills and other expenses. They’ll also be dealing with emotional distress. If the plaintiff dies, those parts of the claim no longer apply.
The loss of the original plaintiff can also impact compensation because they can no longer attest to their history of asbestos exposure. It will be more challenging to confirm workplaces, identify witnesses or easily acquire medical records.
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. You have a certain amount of time to file a wrongful death action, and it depends upon what jurisdiction you’re in.
Estate Representatives Manage Claims
If a mesothelioma patient dies during the legal process, the claim for the deceased loved one becomes part of the estate. The estate representative becomes the person who manages the claim and handles the role the plaintiff would have played in the suit.
The estate representative then makes legal decisions. This person typically is an immediate family member, such as a spouse or child, but the person does not have to be a blood relative.
Choosing an Estate Representative
The decedent names a family member or friend as the representative of their estate.
The court appoints the estate’s representative if the decedent did not name someone before death.
The estate representative will ultimately decide whether and how to pursue the claim for the deceased loved one and, essentially, speak on behalf of the estate. For example, representatives of the estates of two mesothelioma patients from Libby, Montana, filed asbestos claims after the deaths of their loved ones and received $4 million each from BNSF Railway.
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. An experienced mesothelioma lawyer is familiar with companies that used asbestos and can conduct extensive research into the best strategy for your particular circumstances.
All mesothelioma claims require knowledge and experience to ensure correct handling. Expertise is especially necessary to build a case after a patient is no longer able to testify or provide details about their exposure.
Steps for Filing a Wrongful Death Claim
Find an Attorney: Choosing a mesothelioma attorney is a vital first step in successfully filing a wrongful death claim. The best mesothelioma firms offer free consultations and case reviews.
File the Claim: An asbestos law firm can determine the best state in which to file your claim. For example, if the deceased worked in multiple states during their career, a claim may not be limited to where the deceased resided last or for the longest.
Discovery Period: Your attorney will conduct thorough research using investigators, interviewing with people who knew and worked with your loved one. They’ll help you identify witnesses who can testify about potential asbestos exposure and obtain medical records.
Defendant Responses: The defendants listed in the lawsuit will have time to respond to the wrongful death claim. They may ask to conduct interviews or depositions, and your attorney will guide you through every step of the process.
Resolution of Claim: Like personal injury claims wrongful death suits usually end with a trial verdict or, more often, a settlement. mesothelioma settlements are usually received quicker than trial compensation, which can take anywhere from a few months to a few years.
In some states, companies are liable for secondhand asbestos exposure. Microscopic asbestos fibers can travel on clothes, shoes, hair or skin. Someone who worked with or around the mineral may have accidentally exposed others to asbestos.
Firefighters, construction workers, electricians and auto mechanics have brought asbestos fibers home with them. A lawyer can help determine whether a secondhand exposure claim is possible in a wrongful death case.
Importance of Filing an Asbestos Claim Before the Death of a Loved One
Being prepared can save precious time in the unfortunate event that a family member is diagnosed with an asbestos-related disease. Mesothelioma lawyers we’ve interviewed said that creating a file with the person’s detailed work history and any valuable contacts can help an attorney build the best case in the shortest amount of time.
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!
While a family member, such as a spouse or child, might know some of a loved one’s work history, no one likely knows more than the person diagnosed with the disease. The sooner you start documenting, the better.
As a patient undergoes mesothelioma treatments and symptoms worsen, it will be more challenging for them to testify or recall details of their work history. Chemotherapy, for example, can affect memory.
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Legal Requirements for Filing Asbestos Claims After Death
A variety of state laws affect who can file wrongful death cases, when they can file and the evidence required to file a claim. For example, our research shows Maine’s new wrongful death law, effective 2024, expands the window to file lawsuits from 2 years to 3 years and raises the damages cap annually based on inflation.
Asbestos-related diseases’ long latency periods mean 5 to 6 decades often pass before symptoms appear and there’s a diagnosis. In asbestos litigation, these latency periods play a large part in the limits to claimants’ and family members’ time to file lawsuits.
The statutes of limitations for mesothelioma lawsuits vary in each state, so the amount of time you have to file usually depends on the state where you file the claim. The time limit generally ranges from 1 to 3 years from the date a person is diagnosed or when the asbestos disease causes death.
Navigating these regulations and knowing key exceptions that may apply to individual cases requires expertise in both asbestos litigation and the evolving regulatory landscape. Mesothelioma lawyers can interpret these laws, understand their implications for you and manage complex legal procedures effectively.
How to Document Asbestos Exposure
Even before the diagnosis of an asbestos-related disease, it’s never too early to document a history of asbestos exposure. If you know or believe a loved one has been exposed to asbestos, you may want to document their work history. Include the dates spent at each job and the location of the job.
It’s important to begin documenting the history of asbestos exposure as soon as possible.
Write down the specifics of the jobs worked. Include tasks the person performed and machinery they worked with that may have put them at high risk for asbestos exposure. Be sure to list co-workers who worked with your family member because they may serve as witnesses in the case.
If a parent or other family member worked with asbestos products and secondhand exposure is a concern, it’s also important to write down their work history. Begin documenting the history of asbestos exposure as soon as possible.
Common Questions About Filing an Asbestos Claim After Death
Can you file an asbestos claim after someone dies?
Yes, you may file an asbestos claim after death, otherwise known as a wrongful death lawsuit, when a loved one dies of mesothelioma, lung cancer or asbestosis.
What is the process for filing an asbestos wrongful death lawsuit?
The process begins with hiring an asbestos attorney who can help you gather evidence and file a claim. Your attorney will handle communication with the defendants and courts, including negotiating a settlement or preparing your case for a trial.
What expenses can compensation from a claim filed after death cover?
Factors such as medical bills and lost wages determine the compensation awarded for a mesothelioma wrongful death claim. However, you’re typically entitled to use the payment to cover any expense you wish.
How are wrongful death benefits paid out?
Your attorney typically distributes the asbestos compensation awarded from a wrongful death claim. You may receive a lump sum or payments in installments.
Is compensation from a wrongful death verdict or settlement taxable?
It depends on the kind of compensation awarded. In most cases, compensation for general or special damages isn’t taxable, but payment for lost wages and punitive damages is taxable. Your attorney will explain which portions of your mesothelioma compensation the government may tax.
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Meirowitz, S. (2024, August 22). Filing an Asbestos Claim After Death of Loved One. Asbestos.com. Retrieved September 16, 2024, from https://www.asbestos.com/mesothelioma-lawyer/statute-of-limitations/filing-asbestos-claim-after-death/
MLA
Meirowitz, Samuel. "Filing an Asbestos Claim After Death of Loved One." Asbestos.com, 22 Aug 2024, https://www.asbestos.com/mesothelioma-lawyer/statute-of-limitations/filing-asbestos-claim-after-death/.
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Meirowitz, Samuel. "Filing an Asbestos Claim After Death of Loved One." Asbestos.com. Last modified August 22, 2024. https://www.asbestos.com/mesothelioma-lawyer/statute-of-limitations/filing-asbestos-claim-after-death/.
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