Losing someone to mesothelioma is never easy. Families are often left grieving while also facing financial stress and difficult decisions. A wrongful death claim can provide a way to seek accountability and financial support from the companies responsible for asbestos exposure during an already devastating time. These claims may help cover medical bills and lost income, and in many cases, mesothelioma wrongful death settlements average between $1 million and $1.4 million, depending on the circumstances of the claim.
A mesothelioma wrongful death claim is a legal action filed after a person passes away from mesothelioma or another asbestos-related illness. These claims differ from personal injury lawsuits, which are filed while a patient is still alive. When death occurs before or shortly after diagnosis, a wrongful death claim may be the appropriate legal option.
Families often ask, “What is the lawsuit for mesothelioma after death?” In these situations, surviving family members may pursue a wrongful death claim against asbestos companies responsible for the exposure that caused the illness.
When mesothelioma develops decades after asbestos exposure, a wrongful death lawsuit may still be possible. Mesothelioma often has a latency period of 20 to 50 years, meaning symptoms and diagnosis can occur long after exposure took place. The law recognizes this delay, which is why wrongful death claims are typically based on the date of death rather than when the asbestos exposure originally occurred.
Wrongful death lawsuits are typically filed against asbestos companies, manufacturers, suppliers, or employers that negligently exposed the deceased to asbestos. In many cases, these companies knew asbestos was dangerous but failed to warn workers or consumers or provide proper safety protections.
Compensation from a wrongful death lawsuit may help cover:
For families pursuing asbestos claims after death, these lawsuits are often the primary means of securing long-term financial stability.
While understanding the legal process is important, we recognize that families are facing much more than paperwork during this time.
Losing a loved one isn’t easy because those we love leave a lasting impression on us. If you’ve lost someone to mesothelioma, there are many support groups that provide comfort, support, and a sense of community for people whose lives have been touched by the disease. To find a support group near you, visit the American Cancer Society’s (ACS) website for a list of resources in your city and state.
In addition to grief, many families face immediate financial burdens after a mesothelioma-related death. Medical bills, funeral costs, and the loss of household income can create added pressure during an already painful time. A mesothelioma wrongful death claim cannot change what happened, but it may help relieve some of the financial strain and provide support as you move forward.
If you’re looking for immediate support, here’s a list of online resources:
Remember, reaching out for support is not a sign of weakness; it’s a way to care for yourself during an incredibly difficult time. You don’t have to navigate this alone. If your family has lost someone to mesothelioma, there is help available to understand wrongful death claims, available compensation, and practical next steps, at your own pace, when you’re ready.
A wrongful death lawsuit may be filed if a person dies from mesothelioma before being diagnosed, shortly after diagnosis, or before a personal injury claim can be completed. These cases are not about revenge. They are about accountability and ensuring families are not left carrying the financial consequences of corporate negligence alone.
While timelines vary, many mesothelioma wrongful death cases are resolved within 12 to 18 months, especially when they result in settlements rather than trials.
Do not feel ashamed about exploring your legal options. Many families pursue a wrongful death claim to protect their future, cover expenses, and hold asbestos companies responsible for preventable harm. A qualified wrongful death lawyer with experience in mesothelioma can help explain your options and guide you through the process.
In most cases, a wrongful death claim is filed by a surviving family member or representative of the estate. Eligibility depends on state law, but commonly includes:
Each state defines eligible claimants differently and may prioritize certain family members over others, which is why wrongful death claims must follow state-specific rules. Because wrongful death laws vary by state, a wrongful death lawyer can help determine who is eligible to file and how claims should be structured.
Many families ask, “What is the average wrongful death settlement for mesothelioma?” While every case is different, mesothelioma wrongful death settlements often range from $1 million to $1.4 million on average. These claims are frequently the primary source of mesothelioma compensation for family members after an asbestos-related death.
Several factors can influence settlement amounts, including:
Compensation from a wrongful death claim may include medical expenses, lost wages, funeral and burial costs, pain and suffering, and loss of companionship. In addition, tens of billions of dollars have been set aside in asbestos trust funds to compensate families affected by asbestos exposure, according to the U.S. Government Accountability Office. In some cases, families may file both a lawsuit and asbestos trust fund claims to maximize compensation.
Be aware that there is a statute of limitations for a wrongful death claim. Each state sets a deadline for filing a wrongful death lawsuit, typically ranging from one to three years from the date of death. This timeframe is different from personal injury claims, which are based on diagnosis dates rather than death.
Missing the filing deadline may prevent you from receiving compensation. Because timelines vary by state and circumstances, it’s important to act quickly. To learn more, reach out through our free case evaluation and talk to a patient advocate or attorney immediately.
Our team of authors collaborates with the advocate team, focusing on writing about asbestos exposure and mesothelioma to spread awareness. They are dedicated to supporting families within the mesothelioma community.
U.S. Government Accountability Office (GAO). Asbestos Injury Compensation: The Role and Administration of Asbestos Trusts. https://www.gao.gov/products/gao-11-819