Mesothelioma Wrongful Death Claims
Mesothelioma wrongful death claims apply when the patient has passed away. Their family can file claims to retrieve compensation.
Written by Retired LCDR Carl Jewett
Fact Checked by Troy Walton
Important Facts About Mesothelioma Wrongful Death Claims
- Wrongful death cases apply when the victim has passed away due to mesothelioma.
- In most states, the surviving spouse and children can file claims.
- The legal process usually ends in either a settlement or verdict.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal claim involving a victim who has passed away, which makes his or her surviving loved ones the claimants. A mesothelioma wrongful death claim allows family members to recover compensation from the asbestos companies responsible.
They are different from personal injury claims, which involve a person filing a claim against a company for causing their health issue. The patient must be alive to file a personal injury claim.
A wrongful death claim for mesothelioma could involve a lawsuit or an asbestos trust fund. Both can benefit the spouse, children or other loved ones of a deceased mesothelioma victim. Compensation for mesothelioma is for lost wages, medical bills and loss of companionship.
Mesothelioma Wrongful Death Lawsuits
Asbestos manufacturing companies knowingly exposed people to the dangerous mineral for much of the 20th century. Despite knowing about the health risks associated with asbestos, they hid this information from the public.
Mesothelioma is an aggressive disease, and death can occur within months after a diagnosis. 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 a patient dies, their family members can file a mesothelioma lawsuit after the death.
Attributes of a Wrongful Death Mesothelioma Lawsuit
Who Can Sue for Mesothelioma Wrongful Death?
Surviving children and spouses usually can file a wrongful death claim. In some states, other parties (such as the deceased’s parents or life partner) are allowed to file.
The laws dictating who can file a claim vary by state. An experienced attorney can 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, immediate family members (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 Lawsuit Process
The wrongful death procedure may vary for each state. The information needed is largely the same as for a personal injury case.
Steps of a wrongful death mesothelioma lawsuit usually include:
Research — Lawyers perform extensive research and one-on-one interviews 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 other reasons.
Discovery — Lawyers look extensively into the patient’s work and personal history in order to build a strong case.
Verdict or settlement — A wrongful death claim may result in a verdict or a pre-trial mesothelioma settlement. Mesothelioma wrongful death settlements are often recovered quickly, sometimes within months. Trials can take a few years, and appeals may prolong the process further. Trials may end with a mesothelioma verdict, which is a risk since compensation depends on the jury.
How to File a Wrongful Death Claim for Mesothelioma
Losing a loved one is a tragic and stressful experience. When someone dies due to mesothelioma, there almost always is a liable party. Asbestos manufacturing companies put millions at risk of health risks, and they’re responsible for thousands of deaths each year. One may be responsible for the emotional pain and financial hardship you and your family are going through.
Filing a wrongful death claim 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 a national law firm to start your claim. We at Mesothelioma Guide can provide tips on finding a mesothelioma lawyer to handle your mesothelioma wrongful death case.
Common Questions About Wrongful Death Mesothelioma Claims
What types of mesothelioma claims apply to a wrongful death case?
Mesothelioma claims may involve lawsuits or asbestos trust funds, which both apply to wrongful death cases. Lawsuits and asbestos trust funds are based on whether the at-fault company is an active defendant or filed for bankruptcy. Even after the patient dies, the surviving loved ones deserve compensation from the malicious corporations.
Who can file for a mesothelioma wrongful death claim?
The victim’s immediate family members — parents, spouses and children — can file a mesothelioma wrongful death claim in most cases. Some states allow family members, life partners or close family friends to file claims if they were financially affected. The primary beneficiary in the will can file a wrongful death claim in some states.
What defines a wrongful death case for mesothelioma?
A wrongful death case for mesothelioma applies when the patient or victim has passed away due to the cancer. The surviving loved ones — usually the spouse and/or children — become the claimants. They deserve compensation for lost wages, funeral costs, medical debt, other mesothelioma-related expenses, and pain and suffering.
What is the average payout for a wrongful death mesothelioma lawsuit?
The average recovery amount for mesothelioma cases is between $1 million and $1.4 million. If the case goes to trial, the jury may deliver a multi-million-dollar mesothelioma verdict. Wrongful death lawsuits often result in large payouts, as the victim’s death causes financial and emotional strain on the family.
Last Edited: January 21, 2021.