Mesothelioma Wrongful Death Lawsuits

If your loved one passed away from mesothelioma or another asbestos-related disease, you have rights. A mesothelioma wrongful death claim can help pay for funeral costs, grief counseling, living expenses, and more. Contact Bergman Oslund Udo Little today to learn more about your options.

Written by:

Chandler H. Udo, Partner, Bergman Oslund Udo Little

Mesothelioma Wrongful Death Lawsuits

Written by:

Chandler H. Udo, Partner, Bergman Oslund Udo Little

Home » Mesothelioma: Symptoms, Treatment, and Legal Options » Asbestos Claims After Death

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Can You File an Asbestos Claim After the Death of a Loved One?

Who Can File a Mesothelioma Lawsuit After a Love One’s Death?

How To Pursue Mesothelioma Compensation After the Death of a Loved One

How Are Mesothelioma Wrongful Death Settlements Calculated?

Statute of Limitations for Mesothelioma Claims After Death

Let Us Help You File an After Death Mesothelioma Claim

Key Takeaways

If your loved one has passed away from mesothelioma, you may be eligible to pursue compensation through a wrongful death lawsuit, a trust fund claim, state workers compensation claims, or VA benefits.
Spouses, children, and other close family members may be eligible to file a wrongful death lawsuit or asbestos trust fund claim.
Each state has a statute of limitations for filing a mesothelioma wrongful death lawsuit, usually ranging from one to three years after the date of death.

Can You File an Asbestos Claim After the Death of a Loved One?

The financial and emotional burden of an asbestos-related illness can be overwhelming for both the patient and their family. Unfortunately, many asbestos-related diseases, such as mesothelioma, have a low survival rate and often result in the patient’s death. If you have lost a loved one to an asbestos-related illness, you may have the right to file an asbestos claim and seek compensation for your losses.

Although no amount of money can bring back your loved one, pursuing a mesothelioma lawsuit after death can help alleviate some of the financial strain associated with your loss. A claim can help with funeral and burial costs, medical expenses, lost income, and more. It can also provide a sense of closure and justice for your loved one’s suffering.

Get Help with Your Mesothelioma Compensation Options

Types of Asbestos Death Claims

There are a few different ways to seek compensation for a loved one’s death from an asbestos-related illness. These include the following:

Asbestos trust fund claims: If the company responsible for your loved one's asbestos exposure has filed for bankruptcy protection, the court may have ordered it to set up an asbestos trust fund to compensate victims. You may be eligible to file a claim with the trust fund on your loved one's behalf.
Wrongful death lawsuits: Not all asbestos companies have filed for bankruptcy. If the company responsible for your loved one's exposure is still in business, you may be eligible to file a mesothelioma wrongful death lawsuit against the company. This type of claim seeks compensation for the company's negligence in causing your loved one's illness and death.
VA benefits: The Department of Veterans Affairs provides benefits for veterans who were exposed to asbestos during their service and later developed an asbestos-related illness. If your loved one was a veteran, you may be eligible to receive these benefits.

We understand that this is an emotionally challenging time for your family, and our compassionate team is here to support you every step of the way. We invite you to reach out for a free consultation if you believe you may be eligible to file a claim for your loved one’s asbestos-related death. Our asbestos attorneys will listen to your story and guide you on the best course of action.

Who Can File a Mesothelioma Lawsuit After a Love One's Death?

There is no standard answer to this question. Eligibility for filing suit and recovering compensation depends on various factors, such as the state where the lawsuit is filed and whether certain family members are alive.

Generally, the personal representative of the deceased’s estate can file a mesothelioma wrongful death lawsuit for the benefit of close family members. Family members eligible to recover compensation may include the following:

In some cases, more extended family members may be eligible to recover compensation through an asbestos claim after a loved one’s death. If you are unsure about your eligibility, our attorneys can review your case and help you understand your options.

How To Pursue Mesothelioma Compensation After the Death of a Loved One

Each case is different, but most mesothelioma lawsuits follow a similar path. Here are the general steps to take when pursuing compensation through a wrongful death lawsuit:

Consult with an attorney: An attorney experienced in mesothelioma litigation can help you determine if you have a viable case. If so, they’ll explain your legal options and help you make an informed decision about how to move forward.
Investigate and gather evidence: Your attorney will investigate, determine the source of your loved one’s asbestos exposure, identify who is responsible, and collect the necessary evidence to support your claim, such as medical records, death records, and exposure history.
File a lawsuit: Once your attorney has gathered all the necessary evidence, they will file a wrongful death suit on your behalf.
Discovery: During this phase, both sides will exchange information and evidence relevant to the case. Discovery allows each party to build their argument and strengthen their case.
Settlement negotiations: The liable party may try to settle the case before it goes to trial. Your attorney will negotiate with the opposition to seek a fair settlement for the compensation you deserve.
Trial: If settlement negotiations are unsuccessful, your case may proceed to trial. Your attorney will present your case in court, and a judge or jury will decide the outcome.

How Are Mesothelioma Wrongful Death Settlements Calculated?

Understanding how mesothelioma settlements are calculated can provide you with a realistic expectation of what you may be eligible to receive. Several factors influence the final settlement amount, including the following:

The age at which your loved one passed away
Your loved one's occupational and income history
The cost of your loved one's medical and funeral expenses
The emotional and financial impact of the loss on the surviving family members
The number of dependents your loved one had and their marital status
The degree of the at-fault party's negligence or liability
The type of claims you qualify for compensation from
The asbestos-containing products your loved one was exposed to

There is no set formula for calculating a mesothelioma settlement after death. Each case is unique, and the amount awarded will vary based on the individual circumstances. Our attorneys can work with you to determine a fair compensation amount to seek in your case.

Statute of Limitations for Mesothelioma Claims After Death

Each state has a deadline, known as the statute of limitations, for filing a mesothelioma wrongful death claim. This deadline typically begins on the date of the loved one’s death and varies from state to state.

In Washington and Oregon, the statute of limitations for a wrongful death claim is three years from the date of death. Other states have similar deadlines, with most wrongful death statutes of limitations ranging from one to three years.

Let Us Help You File an After Death Mesothelioma Claim

At Bergman Oslund Udo Little, we have been fighting for mesothelioma victims and their families for nearly 30 years. Asbestos and mesothelioma law is all we do. This singular focus has allowed us to recover over $1 billion in settlements and verdicts for our clients.

If you have lost a loved one to mesothelioma, let us put our experience and resources to work for you. Contact us today for a free consultation.