Compensation from these lawsuits can help cover medical bills, pain and suffering, and other related expenses.

How Mesothelioma Wrongful Death Lawsuits Work

Mesothelioma wrongful death lawsuits can be filed by family members or loved ones of individuals who have passed away due to mesothelioma. 

This rare type of cancer is caused by exposure to asbestos, a deadly mineral used in hundreds of products across numerous industries, including the military.

Many companies that manufactured asbestos products knew the dangers associated with asbestos but continued selling them, putting millions of Americans at risk of developing mesothelioma.

Because mesothelioma is such an aggressive cancer, many individuals pass away due to its severity, leaving loved ones to cover unexpected costs.

In these cases, family members may be able to file wrongful death lawsuits against the at-fault asbestos companies to seek justice and compensation.

See if you are eligible for compensation today.

Filing a Wrongful Death Lawsuit for Mesothelioma

Filing a mesothelioma wrongful death lawsuit allows families to seek justice and financial support after the devastating loss of a loved one.

Mesothelioma compensation can address both the tangible financial burdens, such as medical bills and funeral costs, and the emotional suffering endured by the family.

Wrongful death lawsuits can help families recover various expenses associated with their loved ones’ mesothelioma treatment, including:

• Surgery
• Chemotherapy 
• Immunotherapy
• Hospice
• Palliative care
• Radiation
• Funeral expenses
• Lost wages

Additionally, families can seek non-economic damages for pain and suffering, including emotional distress and loss of companionship caused by the loved one’s illness and death. These damages compensate for the emotional toll mesothelioma has on both the victim and their family.

How to File

There are several steps that families must follow when filing a mesothelioma lawsuit:

• 1. Contact a lawyer: Families should engage a trusted and experienced mesothelioma lawyer to file their lawsuit.
• 2. Gather evidence: Your legal team will collect evidence to prove your loved one’s disease was caused by asbestos exposure. 
• 3. File lawsuit: Your lawyer will file your lawsuit against the asbestos companies at fault in the appropriate jurisdiction.
• 4. Engage in discovery: Both parties will review all evidence to build their cases and strengthen their arguments.
• 5. Settle or receive verdict: Many mesothelioma wrongful death claims are resolved with an out-of-court settlement. Some cases may go to trial where a judge or jury will decide the verdict.
• 6. Get compensation: Once a settlement is reached, or the judge or jury issues a favorable verdict, your family will receive the compensation and justice your loved one deserves.

Eligibility & Requirements

Surviving family members or dependents of the deceased asbestos victim are generally eligible to file a mesothelioma wrongful death lawsuit.

This typically includes spouses, children, siblings, or even an estate representative with the ability to file a claim on behalf of the family.

To file a mesothelioma wrongful death lawsuit, several requirements must be met to prove your claim:

• Medical documentation proving mesothelioma diagnosis
• Proof of asbestos exposure
• Employment history

You may also have to prove your relationship to the deceased victim to file a wrongful death claim on their behalf.

Laws regarding who can file vary by state, but generally, any party who can show they have suffered financially or emotionally due to the death can pursue an asbestos claim after death.

Determining your eligibility and navigating the complexities of a wrongful death lawsuit can be challenging.

An experienced asbestos attorney can review your case, and if you qualify, gather the necessary evidence and ensure your claim is filed within the statute of limitations in your state. 

An experienced legal team can take the significant burden of the legal process off your plate, allowing you to focus on healing while they work to secure potential compensation.

Mesothelioma Wrongful Death Settlements

Most mesothelioma wrongful death claims are settled out of court due to the benefits of a quicker resolution and lower legal costs for both parties. While going to trial can sometimes lead to higher verdicts, the process takes significantly longer and is very costly. 

Families who are looking to gain compensation to cover medical bills and funeral costs as quickly as possible may prefer an out-of-court settlement to resolve their claim. Asbestos companies also generally prefer to pay a settlement to families to avoid costly trials and negative public exposure.

Most importantly, mesothelioma wrongful death settlements allow the families to avoid the emotional toll a trial may bring, giving them much-needed justice and compensation as they heal from losing their loved one.

Some notable mesothelioma settlements include:

• $4 million for a mill mechanic and laboratory equipment engineer who developed mesothelioma on the job.
• $3.4 million for a Navy boiler tender who developed mesothelioma while working in a boiler room.
• $3.15 million for a painter who developed mesothelioma from building and construction products.

Lawsuit Verdicts

If your mesothelioma wrongful death lawsuit does not settle out of court, your case will move to a trial. During a trial, a judge or jury will hear arguments from both parties and decide whether or not the defendant is responsible for the asbestos exposure causing the victim’s mesothelioma.

Mesothelioma lawsuit verdicts typically yield a higher compensation amount than an out-of-court settlement, but they take significantly longer as the legal process can be time-consuming and costly.

Even if the judge or jury rules in favor of the plaintiff, the defendant companies can appeal the verdict, adding even more time and money to the process.

Some recent and notable mesothelioma verdicts include:

• An Illinois jury awarded $40.75 million to a daughter whose father died from mesothelioma caused by asbestos exposure.
• A New York jury awarded $8.25 million to a family who lost their mother to peritoneal mesothelioma caused by talc powder containing asbestos.
• A New York court awarded $1.4 million to the family of a Navy veteran who passed away from mesothelioma due to asbestos exposure while serving on Navy warships.

Factors That Can Impact Your Wrongful Death Lawsuit

Several factors may impact how a mesothelioma wrongful death lawsuit resolves in or out of court. It’s important to keep a few things in mind when working with an experienced legal team to file your lawsuit.

Proving Exposure & Work History

Proving asbestos exposure and work history is essential in mesothelioma wrongful death lawsuits. Attorneys gather detailed evidence to link the victim’s illness to specific products and job sites where asbestos was used. 

This proof can include numerous documents that your lawyer can research on your behalf to strengthen your case.

Key ways to prove asbestos exposure include:

• Employment records 
• Product use
• Expert testimony

This evidence helps support your case by linking asbestos exposure to the development of mesothelioma, which can strengthen your wrongful death lawsuit.

Statute of Limitations

In a mesothelioma wrongful death lawsuit, the statute of limitations sets a deadline by which you must file your claim.

This time frame varies by state, but it generally ranges from 1 to 3 years after the date of death. Missing this window could prevent you from receiving compensation, so it’s imperative to take legal action as soon as possible.

If you believe the statute of limitations has expired for your case, you should consult an attorney regardless.

Even if you have passed the deadline in your state, an attorney may be able to file your claim in another state with a longer statute or explore other compensation options, such as asbestos trust funds or benefits from the U.S. Department of Veterans Affairs (VA).

Testimony & Documentation

In mesothelioma wrongful death lawsuits, witness testimony is crucial for proving asbestos exposure.

Some individuals who may lend their witness testimony in a wrongful death case include:

• Occupational hazard experts: These experts can link asbestos use in specific industries to the deceased’s work history.
• Medical experts: Physicians can provide their testimony to prove the deceased’s mesothelioma was caused by asbestos exposure from the defendant.
• Surviving co-workers: These first-hand witnesses can testify about shared job sites where asbestos was present.
• Family members: Loved ones of the decedent can provide details about secondhand exposure to support the case.

Documentation can also be used to further strengthen a mesothelioma wrongful death case. Employment records, product catalogs, and medical records help trace asbestos exposure over time, proving the defendant’s responsibility in the plaintiff’s death.

Can a Personal Injury Mesothelioma Lawsuit Become a Wrongful Death Claim?

A mesothelioma personal injury lawsuit can become a wrongful death claim if the individual passes away during the legal process. 

If a patient with mesothelioma files a personal injury lawsuit and dies before the case concludes, the claim does not end. Instead, the victim’s family members or estate can continue the lawsuit as a wrongful death claim.

During this process, the estate or family members are typically substituted as the plaintiffs, allowing the case to continue. While there may be slight adjustments in the legal approach, the evidence already collected is still crucial to the case. 

Additionally, wrongful death claims can pursue additional damages beyond those in the original personal injury suit, potentially increasing the compensation for the family, including costs related to loss of companionship and funeral expenses.

Getting Help for a Mesothelioma Wrongful Death Lawsuit

If you have lost a loved one from mesothelioma, you have options to pursue justice and compensation. 

We understand the emotional and financial toll this disease can take, and we’re here to help alleviate the burden by managing the legal process on your behalf. Our team is dedicated to helping eligible families navigate the complexities of wrongful death claims and seek the maximum compensation possible. 

With our expertise, you can focus on healing while we work diligently to advocate for your rights.

Contact us today to discuss your case and explore your options for pursuing justice.