My Husband Died of Mesothelioma [2025 Guide for Widows]
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About 70% of new mesothelioma cases diagnosed each year occur in men, which means many husbands die of mesothelioma. Many men developed mesothelioma from on-the-job exposure or military service. Surviving spouses are left to grapple with the emotional, physical, and financial cost of losing their partner. Pursuing a mesothelioma settlement can help surviving spouses access funds to help them support themselves while they heal from this loss.
This guide helps surviving spouses understand what legal options they have if their husband died of mesothelioma. On this page, we discuss who is eligible to file a claim, the type of evidence needed to file one, and what deadlines the spouse has. We also explore possible settlement amounts and how widowed spouses might receive their mesothelioma compensation. This page also provides a guide for choosing a mesothelioma lawyer to help surviving spouses on this legal journey.
About the Husband Died of Mesothelioma
Understanding Mesothelioma and Your Husband’s Cause of Death
Legal Options for Widows Following Their Husband’s Death From Mesothelioma
Who Can File a Mesothelioma Lawsuit After My Husband’s Death?
What Evidence Do I Need to Build a Strong Mesothelioma Case?
Is There a Deadline to File a Mesothelioma Lawsuit After My Husband’s Death?
Estimated Mesothelioma Settlement Amounts for Widows
How Are Widows Compensated After a Successful Mesothelioma Claim?
Get Started: Find the Right Mesothelioma Lawyer For You
Understanding Mesothelioma and Your Husband’s Cause of Death
A mesothelioma diagnosis can be especially hard to understand. The disease is generally considered to be incurable. Most people do not survive for more than five years after their diagnosis. A mesothelioma diagnosis and the loss of a spouse can leave the surviving spouse with a lot of legal questions during a difficult time. Survivors may be searching for assistance from an attorney with filing their mesothelioma claim.
Mesothelioma is an aggressive and rare type of cancer that affects the lining of the organs, such as the lungs. It is caused by exposure to asbestos, a toxic substance that was used extensively until the 1990s because it is fireproof. Many men were exposed to asbestos through their work, especially those in construction, the military, welding, electrical engineering, shipyards, and other industrial settings.
The public did not know that asbestos caused mesothelioma until around the 1960s and 1970s. However, many corporations knew about the dangers much earlier, but chose not to disclose this information. So, men who knew they were working with asbestos most likely did not think it was harmful. And, many men did not know they were being exposed to asbestos at all.
Mesothelioma has a long latency period, typically 20 to 71 years. This means that someone does not develop the disease until years after their asbestos exposure. It can take very little asbestos exposure for someone to become sick later on. So, it can be difficult for patients to pinpoint where exactly they were exposed to asbestos. However, asbestos is the only known cause of mesothelioma. The disease cannot be cured.
Legal Options for Widows Following Their Husband’s Death From Mesothelioma
People who lost their husbands to mesothelioma may be able to seek compensation through several legal channels. While money cannot undo the immense loss they are experiencing, it can help to relieve the financial impact of their husband’s death. Here are some of the legal avenues that may be available to those widowed by mesothelioma:
- Wrongful death lawsuit
- Asbestos trust fund claim
- Veterans Affairs benefits (if exposure is connected to the husband’s military service and asbestos exposure at a military base)
- Workers’ compensation
A surviving spouse may qualify for more than one type of financial support. Benefits may cover a range of losses, including funeral and burial costs, medical bills, loss of support, lost wages, and mental anguish. Eligibility for these payments depends on the spouse’s circumstances and the applicable laws in their state.
Who Can File a Mesothelioma Lawsuit After My Husband’s Death?
Surviving spouses may be eligible to file a mesothelioma wrongful death lawsuit if their husband dies because of complications from the disease. That said, dependent children, parents, and other close family members may qualify to file a mesothelioma claim under some circumstances. It depends on what the applicable law says. A widowed person can talk to mesothelioma lawyers about what their filing options are and how to meet their deadlines so they do not lose their legal rights to compensation.
What Evidence Do I Need to Build a Strong Mesothelioma Case?
Surviving spouses can build a strong mesothelioma claim by gathering key evidence to support the lawsuit. Materials that can help strengthen the spouse’s claim include their loved ones’ medical documents, military service records, work history, and property records (like leases, deeds, and real estate contracts). These details can help the spouse and their legal team track potential sources of asbestos exposure. Asbestos lawyers have access to expansive databases of known sources of asbestos. They are trained to connect asbestos contact from decades ago to a present-day mesothelioma diagnosis or death.
Is There a Deadline to File a Mesothelioma Lawsuit After My Husband’s Death?
The surviving spouse needs to file the mesothelioma lawsuit before the legal filing deadline expires. Typically, the deadline falls a couple of years after the mesothelioma patient passes away; however, there are exceptions, and it depends on the type of claim the surviving spouse is bringing (e.g., lawsuit, trust fund, or VA benefits claim). Reaching out to a trained mesothelioma lawyer is the most effective way for the surviving spouse to protect their legal right to compensation.
Estimated Mesothelioma Settlement Amounts for Widows
Surviving spouses who secure a mesothelioma settlement may receive up to $1 million to $10 million or more in compensation. The amount the surviving spouse is awarded depends on many factors. This includes how strong the connection is between their loved one’s asbestos exposure and their mesothelioma. The type of claim the surviving spouse brings may determine the range of compensation available to them. State and federal laws also play a role in how much someone can receive. Mesothelioma attorneys are best positioned to help spouses determine and pursue all available avenues of compensation.
How Are Widows Compensated After a Successful Mesothelioma Claim?
A widowed person may be entitled to multiple types of compensation if their loved one died of mesothelioma. For instance, they might be entitled to VA benefits, a financial award from an asbestos trust fund claim, or a civil lawsuit. If the spouse’s mesothelioma was work-related, their surviving spouse may also qualify for workers’ compensation death benefits. Possible compensation includes funeral and burial expenses, loss of financial support, loss of companionship, medical care costs, and mental anguish.
Spouses who win a mesothelioma settlement may receive their financial award in several different ways. For example, they may receive a lump-sum payment, which would be a single check or direct deposit after the settlement is finalized. The other option is for the widowed to receive periodic or structured payments. These could come in quarterly, every other month, monthly, or biweekly. It depends on the arrangement between the surviving spouse and the party that will be making the payments (e.g., the government or a private company).
Get Started: Find the Right Mesothelioma Lawyer For You
Choosing a reputable and experienced mesothelioma attorney can help a surviving spouse improve their chances of securing much-deserved compensation and security after their loved one’s death. Here are some tips for finding a good attorney to handle the asbestos claim:
- Find mesothelioma attorneys who have a nationwide reach.
- Look for lawyers who have handled many asbestos claims in the past.
- Read reviews from past clients of the law firm.
- See what type of mesothelioma claim training they have.
- Ask them about their experience with mesothelioma wrongful death lawsuits, trust fund claims, and VA benefits on behalf of surviving family members.
- Find an asbestos attorney who takes mesothelioma wrongful death cases on contingency (does not charge upfront legal fees).
- Book a free consultation with a mesothelioma attorney you trust to see if they are a good fit.
Losing a loved one places an enormous toll on a spouse and their family, physically, emotionally, financially, and socially. Mesothelioma attorneys are trained to provide compassionate legal representation to individuals and families to help them receive the maximum support they are owed. You can consult our page on how to choose the best mesothelioma lawyer for more information.
Contact a Mesothelioma Lawyer Today
If you lost your husband to mesothelioma, you may be entitled to a wrongful death settlement through a lawsuit, the VA, an asbestos trust fund, or another legal avenue. Call King Law today by dialing (585) 496-2648 to speak with our intake specialists and schedule a free case evaluation.
We have over a decade of experience fighting for mesothelioma patients and their surviving loved ones, and we can help you meet your filing deadlines and protect your rights. We do not charge our clients any upfront legal fees to hire us or meet with us, and we do not get paid unless and until you do, too.