What Are Mesothelioma Wrongful Death Lawsuits?
An asbestos wrongful death lawsuit is a legal action that you can take if a family member dies from lung cancer, mesothelioma, asbestosis, or another asbestos-related disease.
This is because companies that made and sold asbestos-based goods knew the risks but concealed them for decades, meaning they could be liable for your loved one’s death.
Asbestos wrongful death claims can award millions of dollars in many cases.
Through an asbestos wrongful death lawsuit, you can:
- Hold manufacturers of asbestos-containing products accountable
- Obtain financial compensation for your expenses and suffering
- Reach a sense of closure knowing that justice was delivered
We can help you access compensation for asbestos-related lung cancer or mesothelioma if your loved one passed away from either disease. Learn about your legal options right now with a Free Case Review.
- Access Financial Aid and Justice
- Learn About Your Options
- Contact Us for Free
Eligibility for Asbestos Wrongful Death Claims
Anyone who represents an asbestos victim’s estate might be eligible to file a lung cancer or mesothelioma wrongful death lawsuit.
These representatives can include:
- Biological children and legally adopted children
- Executors of the deceased’s will or estate representatives
- Spouses or common-law partners
- Next of kin according to state law (siblings, parents, other family members)
- Other dependents
How Do Asbestos Wrongful Death Lawsuits Work?
If a lung cancer or mesothelioma attorney says you are eligible to file an asbestos wrongful death lawsuit, they can start building a case on your behalf. From there, an attorney can file the case and retrieve financial aid for you.
Learn more about the legal process to file a wrongful death claim below.
1. How an Asbestos Wrongful Death Lawsuit Starts
You can start an asbestos wrongful death lawsuit if someone close to you dies of lung cancer, mesothelioma, or any other asbestos-related disease but did not file a lawsuit while they were alive.
You and your other family members can also continue a personal injury claim as a wrongful death lawsuit if the lung cancer or mesothelioma victim died before it was resolved.
2. Evidence in Asbestos Wrongful Death Lawsuits
An experienced lung cancer or mesothelioma lawyer can gather evidence to build a strong wrongful death claim against the makers of asbestos-based products.
Evidence to support an asbestos injury claim may include:
- Asbestos exposure history: Job descriptions, work history, medical bills and records, and testimonies by employers, family members, and co-workers can prove that the deceased was exposed to asbestos.
- A mesothelioma diagnosis: Your lawyer will gather medical records showing that the deceased was diagnosed with an illness and that asbestos exposure caused it.
- The impact of the patient’s death: Testimonies, bank statements, medical expenses, and receipts can demonstrate how the deceased’s death emotionally and financially damaged your family.
Using this evidence, lawyers at top mesothelioma law firms must also show that the asbestos manufacturers knew their products were harmful but failed to protect people.
3. Filing an Asbestos Wrongful Death Lawsuit
Once the evidence has been collected, attorneys can file an asbestos wrongful death lawsuit on your behalf. Letting an asbestos lawyer file a lawsuit allows you and your family to avoid any possible complications and extra hassles.
After the wrongful death lawsuit has been filed, the makers of asbestos products will have a limited amount of time to respond to it. Once they respond, their lawyers and your lawyers will begin negotiations to award you and your family with financial aid.
Attorneys can also file claims with asbestos trust funds — which were created by bankrupt asbestos companies — to get additional financial aid in many instances.
Compensation in Asbestos Wrongful Death Lawsuits
Asbestos wrongful death lawsuits award compensation in one of two ways: an out-of-court settlement or a trial verdict.
Average wrongful death settlements for mesothelioma pay out $1 million or more. Cases that don’t settle may reach the trial phase. Here, a jury and/or judge will determine how much money (if any) will be paid.
Past asbestos wrongful death settlement amounts include:
- $4.4 million settlement
- $3.75 million settlement
- $2.69 million settlement
- $350,000 verdict
Notable asbestos verdicts include:
- $40 million verdict
- $3.5 million verdict
- $2.86 million verdict
- $5.75 million verdict
Each case is different, though. For a better idea of how much your asbestos claim payout will be, we can help. Start the process with a Free Case Review now.
- Access Financial Aid and Justice
- Learn About Your Options
- Contact Us for Free
What Can Affect an Asbestos Wrongful Death Lawsuit Payout?
How much lung cancer or mesothelioma compensation for family members will be awarded depends on various factors, including what evidence is presented, what type of illness you have, when and where your lawsuit is filed, and more.
Which types of damages awarded can also go a big way to impacting how much money you receive from an asbestos wrongful death lawsuit.
Asbestos wrongful death cases may award:
- Economic damages: These include medical and funeral expenses related to the lung cancer or mesothelioma patient’s illness and death, loss of earnings, and loss of any financial benefits the patient was receiving (like a pension).
- Non-economic damages: These are awarded to reimburse for loss of companionship and the pain and suffering you and your family experienced after the patient’s death.
- Punitive damages: These damages are extra compensation a court may award to punish the manufacturer(s) for their role in the patient’s death.
An attorney can give you a better idea about what types of damages and other factors may affect your lung cancer or mesothelioma lawsuit.
What Is the Statute of Limitations on Asbestos Wrongful Death Claims?
Each state has its own laws called statutes of limitations about filing asbestos claims. In most states, the statute of limitations or deadline for wrongful death lawsuits is one to six years after someone dies from an asbestos-related disease.
If you miss the statute of limitations, you will not be able to file an asbestos lawsuit for lung cancer or mesothelioma.
Other state laws can also affect:
- How much asbestos compensation will be awarded
- Whether the compensation is taxable
- Whether punitive damages can be awarded
- Who can receive compensation
Fortunately, an asbestos wrongful death lawyer can help file your case before time runs out and help you get the most compensation possible. Contact us to learn more.
How Do I Make an Asbestos Wrongful Death Claim?
Lung Cancer Group can help you file a lung cancer or mesothelioma wrongful death lawsuit and get the support you need.
Lung Cancer Group was founded to help anyone battling lung cancer and other asbestos-related illnesses. To date, our team has helped over 7,000 families and secured more than $4 billion for patients.
Get started with a lung cancer wrongful death lawsuit or asbestos claim now through a Free Case Review.
Asbestos Wrongful Death Lawsuit FAQs
What is the average settlement for asbestos claims?
The average settlement for asbestos wrongful death claims ranges from $1 million to $1.4 million when the patient had mesothelioma.
For example, the family of a shipyard worker who died from mesothelioma received $2.69 million through wrongful death settlements.
Other factors such as the type of asbestos disease you have, when and where your case was filed, and available evidence, can all impact your asbestos wrongful death claim’s value.
How long does an asbestos claim take?
Each asbestos wrongful death case is different, so the time it takes to get compensation can vary. However, those that work with our legal partners often start to get compensation in 90 days or less.
Get started with our team right now by calling (877) 446-5767.
Can you sue for working around asbestos?
Yes, it’s possible to file a lawsuit if you got sick — or if a loved one died — from working with or around asbestos. Remember: Asbestos exposure is a direct cause of lung cancer and the only known cause of mesothelioma.
The deceased’s estate and the representatives of the estate will get the money in a lung cancer or mesothelioma settlement after death. The payments will usually be equally divided among eligible family members.