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Mesothelioma Wrongful Death Claims


Written by Retired LCDR Carl Jewett


Fact Checked


There are two primary types of mesothelioma claims: personal injury and wrongful death. The two are similar in some ways: Most notably, they both involve one party being responsible for harmful actions. However, they are applicable in different scenarios. We can answer two of the most common questions regarding mesothelioma wrongful death lawsuits: “What is a wrongful death lawsuit?” and “How do I file a mesothelioma wrongful death lawsuit?”

What Is a Wrongful Death Claim?

Personal injury claims involve a person filing a claim against a company for causing a health issue. Wrongful death claims occur when the primary person affected has deceased and the family members file a claim against the responsible party associated with the loss of their loved one.

A wrongful death claim allows family members to recover compensation for the untimely death of their loved one. Mesothelioma compensation may include retribution for lost wages or loss of companionship.

Mesothelioma Wrongful Death Lawsuits

In mesothelioma cases, asbestos manufacturing companies knowingly exposed people to the dangerous mineral for much of the 20th century. Despite the companies knowing about the health risks associated with asbestos, they hid this information from the public. Asbestos is the only known cause of mesothelioma, and people who have the rare cancer due to asbestos exposure can file personal injury claims against the negligent corporations.

Mesothelioma is an aggressive disease. According to the Centers for Disease Control and Prevention, approximately 3,000-3,300 Americans each year are diagnosed with the cancer. Close to the same number of Americans die each year from the disease. When someone who was wronged by an asbestos-related company dies, their family members can file a mesothelioma lawsuit after the death.

Attributes of a Wrongful Death Mesothelioma Lawsuit

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Known Exposure

Pinpointing where the asbestos exposure occurred for the deceased is important when filing a wrongful death claim. A skilled lawyer uses multiple resources to determine when and where asbestos exposure occurred. If you are a family member of a loved one who died due to mesothelioma, the patient advocates at Mesothelioma Guide can help you connect with a top law firm to assess your wrongful death claim.

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Clear Negligence

Asbestos companies or employers who were responsible for asbestos exposure knew of the substance’s dangers and the risk they were causing for millions of people. Wrongful death lawsuits are used for asbestos claims after death, when it’s attributed to the harmful actions of a person or entity.

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Significant Impact

Losing a loved one is a difficult process for family members to experience. When the death occurs due to an aggressive illness such as mesothelioma, the loss often is tougher to handle emotionally and financially.

In order to file successful mesothelioma wrongful death lawsuits, family members of a deceased mesothelioma patient must show that their loved one’s passing had a significant negative impact on them. This impact may be emotional, financial or both.

Who Can Sue for Mesothelioma Wrongful Death?

Surviving children and spouses of the person who has passed away usually file the wrongful death claim, as stated in an article on the website The Balance. In some states, however, other parties (such as the deceased’s parents or life partner) are allowed to file. The laws dictating who can file a claim for wrongful death-related mesothelioma compensation vary by state. An experienced attorney can help you determine if you are eligible to file a claim — and in which states.

Parties that may file a mesothelioma wrongful death lawsuit include:

  • Immediate family members – In every state in the country, immediate family members (such as spouses and children) may file.
  • Life partners – In some states, life partners and financial dependents can file.
  • Anyone who suffers financially – Certain states allow non-family members who were financially impacted to file a claim.

Mesothelioma patients should create a will before they die and designate a primary beneficiary, personal representative or executor of the estate. In all states, this person has the right to file a wrongful death claim.

Mesothelioma Wrongful Death Process

The wrongful death procedure may vary for each state. Steps of a wrongful death mesothelioma lawsuit usually include:


Research — Lawyers perform extensive research and one-on-one interviews with the client to determine the best course of action.


Filing — Claims may be filed in the state where the exposure occurred, where the asbestos company’s main office is located or whichever state tied to the case provides the best option for compensation recovery.


Discovery — Lawyers look more extensively into the patient’s work and personal history in order to build the best possible case, which involves evaluating all available evidence.


Trial or settlement — A wrongful death claim may result in a trial or a pre-trial mesothelioma settlement. Trials can take a few years — and victims or family members may not receive compensation for years after the trial ends due to appeals. Trials often end with a mesothelioma verdict, which is a risk since compensation depends on the jury. Mesothelioma wrongful death settlements are often recovered fairly quickly, sometimes within months.

How to File a Mesothelioma Wrongful Death Lawsuit

Losing a loved one is a tragic and stressful experience. When someone dies due to mesothelioma, there often is a liable party. Asbestos manufacturing companies put many people at risk of developing numerous health risks, and one of them may be responsible for the emotional pain and financial hardship you’re going through.

Filing a mesothelioma wrongful death lawsuit can be an overwhelming, complicated process. However, you do not have to endure the stress on your own — or even handle most of the work. Get in touch with one of many prestigious national law firms to start your claim. We at Mesothelioma Guide can provide tips on finding a mesothelioma lawyer to handle your wrongful death case.

Last Edited: June 23, 2020.

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