Mesothelioma Wrongful Death Lawsuit [2025 Guide]

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Family members who lost a loved one to mesothelioma may be able to file a wrongful death lawsuit. A mesothelioma wrongful death lawsuit allows surviving family members to pursue justice and compensation for a death caused by asbestos exposure. These lawsuits can offer surviving members financial compensation for medical bills, lost income, and emotional distress caused by the death of their loved one.

This article will examine what a mesothelioma wrongful death lawsuit is, who qualifies to file one, the possible options for compensation, and how surviving family members can file a case after a loved one’s death.

What Is a Mesothelioma Wrongful Death Lawsuit?

A mesothelioma wrongful death lawsuit is a civil action filed by the surviving relatives of someone who passed away from mesothelioma. Most wrongful death lawsuits for mesothelioma are filed against companies responsible for exposing the deceased to asbestos.

Asbestos is the only known cause of mesothelioma , a rare type of cancer. A wrongful death claim attempts to hold manufacturers, employers, or property owners accountable for exposing people to asbestos. Most wrongful death claims are filed against companies that mined asbestos or made asbestos-containing products.

Plaintiffs (the surviving family members) may be able to recover damages in an asbestos lawsuit through a settlement. In some cases, particularly those involving gross negligence, the defendants may also be forced to pay punitive damages.

About the Mesothelioma Wrongful Death Lawsuit

Who Can File a Wrongful Death Lawsuit for Mesothelioma

Eligibility for filing a wrongful death lawsuit for mesothelioma varies from state to state. Generally, however, surviving spouses, children, parents, or designated estate representatives are able to file. The death must also be linked to mesothelioma and asbestos exposure. The case also must be filed within your state’s statute of limitations.

Here are some of the people who may be able to file a mesothelioma wrongful death claim:

• A spouse (husband or wife) who died of mesothelioma
• A parent whose child died of mesothelioma
• Adult children of someone who died of mesothelioma
• The executor of the deceased’s estate

A consultation with an attorney well-versed in your state’s laws can help evaluate your eligibility.

How Is a Wrongful Death Claim Different From a Personal Injury Mesothelioma Lawsuit

A wrongful death lawsuit is a type of personal injury lawsuit. When a family member files a wrongful death lawsuit, they are filing a personal injury lawsuit on behalf of the person who passed away.

A wrongful death lawsuit is filed by eligible third parties–such as family–on behalf of a deceased individual. A personal injury lawsuit is filed by the injured party, who is still alive, or their legal guardian. Mesothelioma lawsuits, therefore, can take the form of wrongful death or personal injury cases depending on whether the victim is deceased or still living.

The types of damages emphasized in each type of case often differ. For example, a personal injury lawsuit might seek compensation for ongoing medical treatments, lost income, and pain and suffering, while a wrongful death lawsuit may seek compensation for funeral costs, past medical costs, and loss of companionship.

What Compensation Can Families Recover in a Mesothelioma Wrongful Death Lawsuit

Families who successfully get a mesothelioma wrongful death settlement or court judgment can recover damages (compensation). The exact type of compensation received can vary depending on the circumstances of the case and the jurisdiction in which it’s filed.

Some of the recoverable damages in a mesothelioma wrongful death lawsuit include:

• Economic damages: These compensate plaintiffs for costs related to the deceased’s exposure and eventual death due to asbestos exposure.
  • Funeral expenses
  • Medical bills
  • Loss of income
  • Support services and equipment
• Non-economic damages: These compensate plaintiffs for suffering related to the deceased’s illness and eventual death.
  • Emotional distress
  • Loss of consortium
• Punitive damages: In cases of gross negligence, the liable parties may be forced to pay additional damages as a corrective measure.

Who Can Be Held Liable in a Mesothelioma Wrongful Death Lawsuit

Asbestos exposure can be the result of negligence on the part of multiple parties. Potential defendants in mesothelioma wrongful death lawsuits may include one or more of the following:

• Companies manufacturing products that contained asbestos
• Asbestos mines, suppliers, and transporters
• Contractors who worked with or removed asbestos
• Property owners
• Employers (if they knowingly exposed someone to asbestos without proper protection or warning)

The complexity of asbestos supply chains and utilization can make it challenging to identify all culpable parties. An experienced asbestos attorney can help identify the point of exposure and trace the asbestos back to its origins.

How to Prove Liability in a Mesothelioma Wrongful Death Case

Receiving a wrongful death settlement for a mesothelioma case comes with a burden of proof. This means you need to establish a body of evidence that links your loved one’s death to asbestos exposure due to negligent behavior on the part of one or more defendants. Proving both causation and negligence is key to building a strong case.

To establish causation, for example, you’ll want to present medical records, death certificates, and expert testimonies that establish that the victim’s illness and death were caused by asbestos-related mesothelioma.

You’ll also need to demonstrate that the victim was exposed to asbestos due to the actions or inactions of the defendants. This may include presenting work history documentation, former lease agreements, and asbestos removal records.

How to File a Mesothelioma Wrongful Death Lawsuit

Filing a wrongful death lawsuit is a multi-step process. As asbestos lawsuits can require complicated investigations, asbestos trust funds, and variable statutes of limitations, these types of cases are generally best undertaken with the help of a lawyer knowledgeable in asbestos litigation.

The steps to filing a mesothelioma wrongful death lawsuit are:

1. Seek a consultation with an experienced attorney. The attorney can evaluate your case and set expectations should you choose to file.
2. Hire an attorney. You can hire an attorney on a contingency basis, meaning they will be paid a percentage of your settlement rather than charging a fee up front.
3. Investigation. This phase involves gathering evidence, witness testimonies, and exposure tracing. You’ll also identify appropriate defendants.
4. Pre-trial. Once you’ve filed your case, your attorney will share evidence with the defense. Both sides may attempt to negotiate a settlement.
5. Trial. A judge or jury will decide the outcome of the case if a settlement cannot be reached.
6. Settlement or award. You can receive a settlement or court award, depending on the outcome of your case.

Is There a Deadline to File a Mesothelioma Wrongful Death Lawsuit

The statute of limitations for a mesothelioma death claim varies according to what state the claim is filed in. If you are filing a lawsuit on behalf of someone who passed away, you need to file within each state’s statute of limitations. This is typically 1 to 3 years from the victim’s death or, in some cases, the date upon which the family discovers the death was due to mesothelioma.

Due to the limited window, it is best to consult with an attorney quickly if you believe your loved one’s death was caused by exposure to asbestos.

How Long After Death Can You File a Mesothelioma Wrongful Death Lawsuit?

In some cases, surviving family members may only have 1 year to file a wrongful death claim for asbestos exposure. It is recommended that people who lost a loved one to mesothelioma get in contact with a lawyer as soon as possible after the death of their loved one. The amount of time someone has to file varies depending on multiple factors. An attorney experienced in asbestos litigation can advise family members on how much time they have to file a lawsuit or trust fund claim.

Average Settlement Amounts in Mesothelioma Wrongful Death Lawsuits

King Law estimates an average settlement of $1 million to $2.5 million for mesothelioma wrongful death lawsuits. The size of the settlement may vary based on the strength of your case’s evidence, the types and number of defendants involved, and the jurisdiction in which you file. The extent of the defendants’ negligence may also affect the size of the payout.

An experienced mesothelioma attorney can determine the best way to structure your lawsuit. They can determine which parties to hold liable and the best way to get a payout from those parties. They can advise you and your family on the best way forward to get the best compensation possible. Prior to death, you may be able to file a mesothelioma lawsuit on behalf of a family member, if they have become incapacitated.

Examples of Mesothelioma Wrongful Death Verdicts and Settlements

Families seeking justice and compensation for their losses are pursuing mesothelioma lawsuits. Payouts from wrongful death verdicts and settlements are ongoing. Here are some recent outcomes for families who pursued wrongful death claims on a family member’s behalf:

October 7, 2025: Jury Awards Nearly $1 Billion to Family Of Asbestos Victim

Finding that Johnson & Johnson acted with malice or oppression, a Los Angeles jury awarded nearly $1 billion in damages to the family of Mae Moore. In their lawsuit, her family said she developed mesothelioma after using J&J’s talc products. The unusual size of the award can largely be attributed to $950 million in punitive damages, citing “bad faith bankruptcies” that delayed the case. It was initially filed in 2021.

September 19, 2025: American Clay Company Forced to Pay $83 Million In Wrongful Death Verdict

A Boston jury awarded the family of Judith A. Lapointe $83 million after linking her mesothelioma death to asbestos present in American Clay Company’s products. $60 million of the award came in the form of punitive damages after the jury found the company had concealed the risks and failed to warn customers.

April 22, 2024: Federal Jury Awards $4 Million to Families In BNSF Railway Wrongful Death Suit

Two families in Montana are each awarded $4 million after a jury finds BNSF Railway contributed to the deaths of their family members. Jurors said asbestos-contaminated vermiculite that spilled in the rail yard in the town of Libby, Montana, contributed to the individuals’ illness and eventual death.

Asbestos Trust Funds and Wrongful Death Claims

In some cases, families may be able to file a claim with an asbestos bankruptcy trust, which is also known as an asbestos trust fund . Asbestos trusts have been established by companies with asbestos-related liabilities as part of their reorganization under Chapter 11 bankruptcy.

These trust funds were created to pay out personal injury and wrongful death claims related to asbestos exposure. A trust fund claim is different from a lawsuit. These administrative actions tend to be quicker to resolve than lawsuits, but typically only pay out a percentage of the damages sought. Some people choose to pursue trust fund claims and wrongful death lawsuits, depending on how many at-fault parties there are.

For example, surviving family members may pursue a trust fund claim from a formerly bankrupt company while also pursuing a lawsuit against a solvent company. This would require that two different companies exposed someone to asbestos, which is common.

How Long Does a Mesothelioma Wrongful Death Lawsuit Take to Settle

The amount of time it takes a mesothelioma lawsuit to settle depends on each individual’s specific circumstances, the companies at fault, and the speed of court proceedings. A mesothelioma wrongful death lawsuit may take months to years to resolve.

The timeline may vary depending on how readily available evidence is, the number of defendants, the complexity of the case, court schedules, and the solvency of the parties being sued. Out-of-court settlements typically resolve more quickly than those that go to trial. However, financial awards from court decisions may be larger than those received through settlements.

How a Mesothelioma Wrongful Death Lawyer Can Help

Cases involving asbestos often require complex investigations involving multiple defendants. These investigations can be difficult for grieving families to undertake alone. A lawyer well-versed in mesothelioma wrongful death or personal injury cases can help you. Your lawyer can track down difficult-to-obtain records and represent you in negotiations or at court.

Your mesothelioma attorney can help you with the following aspects of a wrongful death lawsuit:

• Track down and submit important documentation related to exposure, health care costs, employment, and military service (to prove asbestos exposure at military bases).
• Find the companies responsible for asbestos exposure.
• File a lawsuit or trust fund claim.
• Decide on the best state or court for your claim to be filed in.
• Handle negotiations and court proceedings so your family can focus on grieving and healing.

King Law Is Actively Investigating Asbestos Wrongful Death Lawsuits

King Law is actively investigating mesothelioma wrongful death claims nationwide. We offer free case evaluations with no obligation. We work on a contingency basis, meaning we don’t get paid unless you do. Our decades of experience in asbestos litigation can help you seek justice and achieve closure for the death of your loved one.

We understand the complexities of asbestos litigation and will help you and your family pursue the best option given your individual circumstances. We are here to support you as fair and just compensation for the loss of your loved one.

Contact a Mesothelioma Wrongful Death Attorney Today

If you are considering a mesothelioma wrongful death lawsuit, you can schedule a free case evaluation with the experienced attorneys at King Law by calling (585) 496-2648. Our consultations are 100% confidential, and there’s no obligation to move forward if you decide against pursuing your claim. We are available nationwide.

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