Asbestos claims after death also allow families to receive financial compensation to cover medical bills, end-of-life expenses, and lost income.

You may be eligible to file an asbestos claim after death if you’ve lost a loved one to an asbestos-related disease such as:

• Mesothelioma
• Asbestos Lung Cancer
• Asbestosis
• Other Asbestos Cancer
• Pleural Disease

See if you qualify for compensation now.

Eligibility & Requirements for Asbestos Claims After Death

Those eligible to file a wrongful death claim are generally — though not always — the victim’s close family members or dependents, but the precise rules governing eligibility vary by state.

That said, these surviving family members are always eligible:

• Spouses
• Adult children
• Parents (if the decedent is unmarried)

Some family members and loved ones are only eligible to file in particular states:

• Grandparents
• Siblings
• Other financial dependents (long-term partners, stepchildren, etc.)

Depending on the decedent’s work and exposure history, you can choose the state in which to file the suit. An experienced asbestos lawyer can help you explore which option will be most beneficial in your case.  

Estate Setup & Representative

When a person dies, their estate—an independent legal entity—handles all remaining legal and financial concerns.

A representative, sometimes called an executor, manages the estate and is responsible for a wide variety of tasks like:

• Discharging remaining debts
• Dividing remaining assets according to the decedent’s will
• Preparing and filing a final tax return
• Paying any ongoing expenses

The estate and its representative must be submitted to and approved by the local court before any claims can be filed on the decedent’s behalf.

If a wrongful death claim succeeds, the funds are paid to the estate first, then divided and distributed to the beneficiaries. 

Requirements for Choosing an Estate Representative

There are two primary methods of choosing an estate representative:

• The decedent names a representative before their death.
• The court appoints a suitable representative if the decedent did not name one or if the named individual is unable or unwilling to do the job.

An estate representative does a substantial amount of work, especially if there is the potential need for a wrongful death action or other ongoing legal issues. 

Steps to Filing an Asbestos Claim After Death

The victim of asbestos exposure is a crucial witness in any asbestos claim, providing testimony, medical records, and a detailed work history.

Filing a claim without the victim can be much more difficult. An experienced asbestos attorney can provide vital assistance in asbestos after-death claims.

Step 1: Hire a Specialized Attorney in Asbestos Claims After Death

When looking for a law firm to handle your asbestos wrongful death claim, look for one with experience.

Most reputable law firms will offer you the opportunity to do a free consultation to discuss your case and determine if the firm is a good fit. 

The consultation is an excellent opportunity to ask specific questions, such as:

• How long have you been working in asbestos law?
• How many asbestos-related cases do you take every year?
• What resources does the law firm have to help me gather evidence?
• Have you ever brought a case like mine to a successful conclusion? What was the final settlement or verdict amount? 
• What do you estimate my case is worth?

Step 2: File Claim

If a lawyer determines you’re eligible to file a claim, they can help you do so. Your lawyer can also help you decide which state to file in based on when and where the decedent’s exposure occurred.

Important factors like eligibility, the statute of limitations, and tax laws vary by state. Filing in some states may be more beneficial than filing in others.

Step 3: Asbestos Attorney Begins Discovery Period

The discovery period is when your attorney works to build your case, gathering documents and evidence to support your claim. Your lawyer will work to track down witnesses, get depositions, and find employment and medical records.

Step 4: Defendant Responses

The defendants named in the case are then given time to respond. Essentially, they get to go through their own discovery period and look for counter-evidence to your claim. 

They may request interviews or depositions with you. If this happens, working with and listening to your attorney as they guide you through this process is essential.

Step 5: Negotiation & Settlements 

Next, the claim will enter a negotiation period. The defendants often offer a settlement to keep the claim from going to court.

Most wrongful death claims end in a settlement, which is typically more cost-effective, less stressful, and less time-consuming for both parties.

Asbestos settlements offer many advantages, not the least of which is the opportunity to negotiate a legally binding award amount agreed to by both parties. Once a settlement is finalized, payment is guaranteed.

Step 6: Trial 

Trial verdicts tend to be larger than settlements. However, claims that go to trial can drag on for years. Even if the initial lawsuit is decided in favor of the plaintiff, the defendants often have the time and the money to file multiple appeals.

At the end of the trial process, if the judge or jury is found in favor of the plaintiff, the court will determine the amount of compensation awarded. No negotiation of the award is possible.

Step 7: Verdict & Compensation 

Whether the claim ends with a settlement or a trial verdict, any compensation goes first to the estate of the decedent and is then divided between eligible dependents according to the will. 

How is Compensation Paid Out After Death?

Compensation for an asbestos after-death claim is typically paid out in one of two ways:

• A lump sum
• Installments over several months or years

 In the case of a settlement, claimants and their lawyers can often request a particular payment method depending on what would be most beneficial to them.

Compensation Options for Asbestos Claims After Death

The families and loved ones of people who have died of asbestos-related illnesses may have access to multiple forms of wrongful death compensation. These forms may not be mutually exclusive. 

Wrongful Death Lawsuits

Wrongful death lawsuits are a facet of tort law that deals with civil cases in which the plaintiff was injured physically or financially due to the negligence or recklessness of the defendant.

In the case of asbestos wrongful death lawsuits, the family or loved ones of a deceased person bring a suit against one or more asbestos companies that can be held liable for their death.

Lawsuits can take years, especially if appeals are filed. However, when successful, asbestos lawsuits often yield high award amounts.

This money can be awarded for both punitive and compensatory purposes and can be used by families to:

• Cover funeral expenses
• Compensate for lost income potential
• Cover medical bills
• Compensate for pain and suffering
• Create future financial stability for dependents
• Hold negligent companies accountable

Asbestos Trust Fund Claims

Some companies establish asbestos trust funds during bankruptcy proceedings to compensate current and future claimants harmed by their negligence.

Over 60 active asbestos trust funds have over $30 billion in total assets available to claimants. 

Families can file claims against these trusts on behalf of a deceased loved one. Depending on the decedent’s work history, families may be eligible to make claims against multiple trusts.

The average payout from asbestos trust funds is $300,000 – $400,000.

VA Benefits for Military Personnel 

The VA provides benefits to the family members of honorably discharged veterans who have died from asbestos-related illnesses if it can be proven that exposure occurred during active military service.

The exact amount of compensation can vary depending on several factors:

• The illness the veteran was diagnosed with
• The number of dependents
• The financial circumstances of the surviving family

These benefits can take several forms, including:

• Dependency Indemnity Compensation (DIC)
• Funeral Reimbursement
• Survivor’s Pension
• VA Burial and Military Headstone

Workers’ Compensation 

Families of individuals exposed to asbestos while working for a private company, state government, or federal government, who later died from an asbestos-related illness, may be eligible to file a workers’ compensation claim.

The compensation awarded can vary significantly depending on the state in which you reside. Still, all states provide some form of workers’ compensation to those who have lost loved ones to occupational illnesses.

Typical forms of compensation include:

• Funeral and burial costs
• Lost wages
• Medical expenses

Settlement Amounts After Death 

Settlement amounts can vary significantly depending on the individual circumstances of your case.

Contributing factors include:

• Age of the deceased individual
• Cost of medical and other expenses
• Severity of the diagnosed illness
• Type of claim/s they qualify for

Deaths resulting from mesothelioma and other severe forms of cancer tend to have the highest settlement value.

Some examples of recent settlements are listed below:

• $26.5 million was awarded to the family of a mesothelioma victim who worked in the bottling facility of a brewery.
• $4 million each in compensatory damages to the families of two railways workers who died of mesothelioma.
• $3.4 million settlement for a Navy boiler tender who contracted mesothelioma through asbestos exposure as a boiler-room operator
• $2,300,000+ settlement for a school custodian who contracted mesothelioma from asbestos-containing products installed in the school

Understanding The Statute of Limitations

Victims and their families have a limited amount of time to file a claim or begin a lawsuit following a wrongful death. This time limit is called the statute of limitation and varies by state. 

The range is 1-6 years—with an average of 2-3 years—following either diagnosis with or death from the asbestos-related illness. 

If the statute of limitations has expired in your current state, your lawyer may still be able to file a claim in another state with a longer statute of limitations, depending on the decedent’s work history.

Getting Started With an Asbestos Claim After Death

Filing a claim against an asbestos company is always challenging. Making the process as difficult and time-consuming as possible is in their best interest.

The process becomes even more challenging when the victim, a key source of information and testimony, has already passed away. 

However, the death of an asbestos victim does not absolve at-fault asbestos companies of their responsibility to victims and their family members or loved ones.

Family members may be eligible to file an asbestos claim after the death of their loved one’s behalf.

Wrongful death claims help to compensate surviving dependents, allowing them to cover remaining medical bills, funeral expenses, and lost wages and providing them with security during a tumultuous time.

If you’ve lost a loved one to an asbestos-related disease and you want to explore your options for potential compensation, reach out to our team today to see if you may be eligible.