Mesothelioma is a devastating disease caused by asbestos exposure, often leading to death. When a loved one passes away due to mesothelioma, their family may have legal grounds to file a wrongful death claim. This legal action seeks to provide financial compensation for medical expenses, lost income, and emotional suffering.
This article will explore the key aspects of wrongful death claims in mesothelioma cases, including eligibility, legal processes, and compensation options for families seeking justice.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action filed by the surviving family members of someone who died due to another party’s negligence or misconduct. In mesothelioma cases, wrongful death claims target companies responsible for asbestos exposure, such as employers, manufacturers, or property owners.
A. Elements of a Wrongful Death Claim
To succeed in a wrongful death lawsuit, the plaintiff must prove:
- Asbestos Exposure – The deceased was exposed to asbestos due to the defendant’s actions.
- Negligence or Liability – The defendant failed to protect the victim from asbestos exposure.
- Causation – The exposure led to the victim’s mesothelioma diagnosis and subsequent death.
- Damages – The family suffered financial and emotional losses due to the victim’s death.
 Who Can File a Wrongful Death Claim?
Each state has specific laws governing who can file a wrongful death lawsuit in mesothelioma cases. Typically, eligible parties include:
- Spouses – The most common plaintiffs in wrongful death claims.
- Children – Biological and adopted children may file claims.
- Parents – If the deceased had no spouse or children, parents can file.
- Estate Representatives – The person managing the deceased’s estate may file on behalf of beneficiaries.
A. State-Specific Laws
Different states have unique rules about who qualifies as a claimant. Consulting an experienced mesothelioma attorney ensures compliance with local laws.
Legal Process for a Mesothelioma Wrongful Death Claim
A. Gathering Evidence
To build a strong case, plaintiffs must collect:
- Medical Records – Diagnosis reports, treatment history, and cause of death confirmation.
- Employment Records – Documents proving asbestos exposure at work.
- Witness Testimonies – Statements from coworkers, doctors, and asbestos experts.
- Company Documents – Internal reports showing the defendant’s knowledge of asbestos risks.
B. Filing the Lawsuit
Once evidence is collected, the lawsuit is officially filed in the appropriate court. The defendant is served with legal notice and given time to respond.
C. Discovery Phase
Both parties exchange evidence, conduct depositions, and build their legal arguments. Expert witnesses may testify about the health impact of asbestos exposure and the defendant’s liability.
D. Settlement Negotiations
Most mesothelioma wrongful death claims settle out of court. Defendants often offer compensation to avoid lengthy trials.
E. Trial and Verdict
If no settlement is reached, the case proceeds to trial, where a judge or jury decides the outcome. A successful verdict results in financial compensation for the plaintiff.
Compensation in Wrongful Death Mesothelioma Cases
A. Types of Damages Awarded
Families can seek compensation for:
- Medical Expenses – Costs of mesothelioma treatment before death.
- Lost Wages & Financial Support – Income the deceased would have earned.
- Pain and Suffering – Compensation for the victim’s physical and emotional distress.
- Funeral & Burial Costs – Expenses related to funeral arrangements.
- Loss of Consortium – Compensation for emotional loss and companionship.
B. Asbestos Trust Fund Claims
Many asbestos companies declared bankruptcy and created trust funds to compensate victims. Families may file claims against these trust funds without going to trial.
C. Average Compensation Amounts
Compensation varies by case, but mesothelioma wrongful death settlements typically range from $1 million to $2.4 million.
Statute of Limitations for Filing a Claim
A. Time Limits for Filing
Each state has a statute of limitations for wrongful death lawsuits. Most states require claims to be filed within:
- 1 to 3 years from the date of death.
- Some states allow exceptions if new evidence emerges.
Why It’s Important to Act Quickly
- Delayed claims may be dismissed.
- Evidence and witness testimonies become harder to obtain over time.
Role of an Experienced Mesothelioma Attorney
A. How a Lawyer Helps
An experienced mesothelioma attorney:
- Identifies liable companies responsible for asbestos exposure.
- Gathers medical and occupational evidence.
- Determines the best legal strategy (lawsuit vs. trust fund claim).
- Negotiates for maximum compensation.
- Handles the complex legal process on behalf of the family.
B. Choosing the Right Lawyer
- Look for specialized mesothelioma attorneys with a strong track record.
- Seek law firms with access to asbestos exposure databases.
- Choose a firm that offers free consultations and works on contingency (no upfront fees).
Companies Held Liable in Mesothelioma Lawsuits
Some of the biggest asbestos manufacturers responsible for exposure include:
- Johns Manville
- Owens Corning
- W.R. Grace & Co.
- Union Carbide
- Raybestos-Manhattan
These companies knowingly exposed workers to asbestos-containing materials, leading to thousands of lawsuits.
Conclusion
Wrongful death claims in mesothelioma cases provide families with financial security and justice. By proving asbestos exposure and negligence, families can secure compensation to cover medical bills, lost income, and emotional suffering.
If you have lost a loved one to mesothelioma, consulting a qualified asbestos attorney is the first step toward filing a successful claim. Time is critical, so seeking legal advice promptly ensures you meet all filing deadlines and maximize your compensation.
