Can You File a Mesothelioma Lawsuit After Death?
A mesothelioma lawsuit after death is a legal action a family or estate files against the asbestos companies responsible for a loved one’s fatal mesothelioma diagnosis. This type of mesothelioma lawsuit differs from a personal injury claim, which the diagnosed individual files on their own behalf. A wrongful death claim gives families a way to hold negligent companies accountable and recover financial support.
Key Facts About Mesothelioma Wrongful Death Claims
- Attorneys work on contingency, with no upfront costs or fees unless you win.
- Families can file wrongful death lawsuits, survival actions and asbestos trust fund claims, often at the same time.
- The CDC reported 2,669 mesothelioma diagnoses in the United States in 2022, the most recent year for which data is available.
- The statute of limitations to file a wrongful death lawsuit varies from state to state, and is typically one to six years from the loss of a loved one.
Mesothelioma wrongful death lawsuits hold asbestos manufacturers, employers and property owners accountable for the harm they caused. Families can seek compensation for medical bills, funeral costs, lost income and the loss of their loved one’s companionship and support.
Industry analyses report the average mesothelioma wrongful death settlement in the range of $1 million to $2 million, with significant verdicts reaching far higher. Meirowitz & Wasserberg has recovered more than $500 million for families across 300+ mesothelioma cases. Contact us today to learn what your family’s case may be worth.
Wrongful Death vs. Personal Injury Lawsuit
A wrongful death lawsuit and a personal injury lawsuit differ in who can file, when they can file and which damages are recoverable. A wonderful death suit is filed after a loved one has passed from mesothelioma. The person diagnosed with mesothelioma files a personal injury lawsuit for compensation for medical bills, lost wages and pain and suffering.
| Wrongful Death Lawsuit | Personal Injury Lawsuit | |
| Who files | Surviving family or estate representative | The person diagnosed with mesothelioma |
| Damages recoverable | The family’s losses (i.e., lost income, funeral costs, loss of companionship) | The diagnosed individual’s losses (i.e., medical bills, lost wages, pain and suffering) |
| Statute of limitations | Generally one to six years after the death (varies by state; discovery rule may apply) | Usually one to six years after diagnosis (varies by state) |
| If the person dies during a PI lawsuit | Can convert to a wrongful death lawsuit and/or survival action | Becomes a survival action upon death |
Who Can File a Wrongful Death Mesothelioma Lawsuit?
State law determines who can file a wrongful death mesothelioma lawsuit. Some states only allow the estate’s personal representative to file. Others let individual family members bring claims directly. Our attorneys can tell you if you qualify.
A personal representative is someone a court appoints to manage an estate. If your family hasn’t set one up yet, Meirowitz & Wasserberg can help you through that process. Once the court appoints a personal representative, the firm can file a lawsuit on behalf of the estate and the family.
If you’re unsure whether you qualify, speak with a mesothelioma compensation attorney as soon as possible. Waiting too long can affect your ability to file.
People Who Are Commonly Eligible
| Relationship | Typically Eligible to File |
| Surviving spouse | Yes, in most states |
| Children (adult or minor) | Yes, in most states |
| Parents of the deceased | Yes, in most states; some states restrict to parents of unmarried childless decedents |
| Dependents | Varies by state; some states recognize financial dependents beyond immediate family members |
| Personal representative of the estate | Yes; some states require the estate representative as the sole filer |
| Siblings, grandparents, more distant relatives | Generally no, unless they were financial dependents or named in the estate plan |
Types of Claims Available After a Mesothelioma Death
Families have more than one legal option after losing a loved one to mesothelioma. The right combination depends on where and how asbestos exposure occurred, which companies were responsible and whether the person diagnosed had already begun pursuing a claim. In many cases, families can pursue multiple options at the same time, and an experienced attorney can help identify which paths make the most sense given the circumstances.
Asbestos Trust Fund Claims
There is more than $30 billion currently available across the existing asbestos trust funds. Companies that filed for bankruptcy protection created these funds to compensate families with documented asbestos exposure. Families can file claims with multiple trust funds simultaneously, and the process doesn’t require filing a lawsuit. Payouts typically move faster than court verdicts. An experienced attorney knows which trusts you’re eligible for.
Survival Actions
A survival action allows an estate to recover damages the person with mesothelioma would have pursued themselves. This includes medical expenses and pain and suffering before death. If your loved one had a personal injury lawsuit pending, an attorney can convert it to a survival action. The key distinction: a wrongful death claim compensates the family, while a survival action compensates the estate.
VA Benefits for Veterans’ Families
Surviving spouses and dependents of veterans exposed to asbestos during military service may file VA Dependency and Indemnity Compensation (DIC) claims. VA benefits don’t interfere with legal claims, and families can pursue both.
Wrongful Death Lawsuits
A wrongful death lawsuit lets families sue the companies responsible for asbestos exposure. It seeks compensation for the family’s losses, including lost income, funeral costs and loss of companionship. To succeed, families must prove that asbestos exposure from the defendant’s product or premises was responsible for their loved one’s diagnosis.
Start Your Free Consultation NowHow to File a Mesothelioma Lawsuit After Death
Filing a mesothelioma lawsuit after a loved one’s death is a process most families have never navigated before. An experienced mesothelioma attorney handles the legal heavy lifting, from establishing the estate and identifying liable companies to filing in the right jurisdiction and negotiating with defendants.
Watch the four-step process explained:
Video
How To File a Mesothelioma Lawsuit After Death
You can absolutely file a lawsuit for a loved one after they’ve passed away. We would need an estate to be set up with your local court and we’re happy to help you through that process to get you appointed as a personal representative or the executive for the estate. Once there’s an estate set up, we are able to file a lawsuit on behalf of that estate and behalf of the loved ones.
Step 1: Contact a Mesothelioma Attorney
The first step is a free consultation with a mesothelioma attorney. In many states, the family must first establish an estate and appoint a personal representative before a lawsuit can move forward. We help guide your family through that process. And working on contingency means your family pays nothing up front and nothing at all unless your lawsuit is successful.
Step 2: Gather Documentation and Evidence
Your attorney will review your loved one’s work history, medical records and any products or materials they regularly worked with. The goal is to establish a clear timeline of asbestos exposure and connect it to the companies responsible.
Key Documents
- Death certificate
- Employment history and military service records (if applicable)
- Medical records and mesothelioma diagnosis documentation
- Witness contacts from workplaces where asbestos exposure occurred
Your attorney will also work with medical and industrial experts to build the case. Family members and former coworkers may provide depositions.
Step 3: File the Claim
Your attorney will identify the right state to file in based on where the asbestos exposure occurred and where the responsible companies operated. Once the claim is filed, the defendants will have an opportunity to respond. Statutes of limitations for wrongful death claims vary by state and deadlines can be tight, so consulting an attorney as soon as possible is important.
Step 4: Negotiate or Go to Trial
Most mesothelioma wrongful death cases settle before trial. If the defendant’s offer is fair, settling saves time and avoids uncertainty. If it isn’t, we’ll take your case to trial. Our attorneys have won significant verdicts in court, including cases other firms declined to take.
Video
How To File a Mesothelioma Lawsuit After Death
Mesothelioma Wrongful Death Settlements and Compensation
Families who file mesothelioma wrongful death lawsuits can recover both economic and non-economic damages. The range of mesothelioma compensation available depends on the nature of the exposure, the companies involved and the losses the family has experienced.
What Compensation Covers
Wrongful death damages compensate the family for their losses. Survival action damages compensate the estate for what the person diagnosed experienced. Families can pursue both.
| Economic Damages | Non-Economic Damages |
|---|---|
| Medical bills related to mesothelioma treatment | Emotional pain and suffering |
| Loss of income and future earnings | Loss of companionship and support |
| Funeral and burial expenses | Loss of consortium for the surviving spouse |
Average Settlement Amounts
According to Mealey’s Litigation Report, the average mesothelioma wrongful death settlement ranges from $1 million to $1.4 million, with verdicts reaching significantly higher. Meirowitz & Wasserberg has recovered amounts well above that average.
Every case is different. The amount your family recovers depends on factors like the number of companies involved, the extent of asbestos exposure and your loved one’s age at diagnosis. See more of our firm’s mesothelioma case results for additional examples.
| Amount | Case Description |
|---|---|
| $32,000,000+ | Asbestos exposure verdict (secondhand exposure) |
| $18,000,000 | Mesothelioma settlement (talcum powder) |
| $5,100,000+ | Navy machinist’s mate |
| $5,400,000+ | Journeyman pipefitter |
| $4,000,000+ | Sugar mill mechanic (case another firm turned down) |
Statute of Limitations for Mesothelioma Wrongful Death
Don’t wait to contact an attorney. The mesothelioma statute of limitations sets a strict deadline for filing a wrongful death claim. Deadlines vary from state to state, ranging from one to six years from the date of your loss.
Many states apply a discovery rule, meaning the clock starts when the family learns asbestos caused the death, not necessarily on the date of death itself. This distinction matters because mesothelioma often takes decades to develop, and families don’t always connect the diagnosis to a specific asbestos exposure right away.
Acting quickly preserves evidence and witness testimony, both of which strengthen your case. The sooner your family contacts an attorney, the stronger your case will likely be. Our attorneys can advise your family on the deadline that applies to your specific situation and help you move forward quickly.
Asbestos trust fund deadlines are separate from state lawsuit deadlines and operate independently. Contact us today for a free consultation.
Why Choose Meirowitz & Wasserberg for Your Wrongful Death Case
For decades, Meirowitz & Wasserberg has represented mesothelioma patients and their families in cases across the country. Our results reflect a firm that takes on difficult cases and sees them through.
Results From Meirowitz & Wasserberg
- $500M+ in total recoveries across all practice areas
- 2,000+ mesothelioma cases our attorneys handled
- 300+ mesothelioma cases the firm handled
- Significant verdicts won in cases other firms turned down
- Top 10 filer of asbestos cases nationally
No amount of compensation can make up for the loss of a loved one. But it can ease the financial burden your family faces and hold the companies responsible for the harm they caused.
We’ve represented surviving spouses, adult children and estate representatives across more than a dozen states. An experienced attorney with years of experience in mesothelioma claims handles every case, not a paralegal or intake team.
Our Attorneys
Dan Wasserberg holds licenses in Texas, New York, New Jersey and Illinois. National legal directories recognize him as a Top 10 Mesothelioma Lawyer and Super Lawyers names him a Rising Star. He leads the firm’s national asbestos practice.
Sam Meirowitz spent four years as a Bronx Assistant District Attorney before joining the firm. The National Trial Lawyers name him a Top 100 Trial Lawyer and Super Lawyers names him a Rising Star.
Our Reach
Meirowitz & Wasserberg has offices in New York, New Jersey, Texas, Illinois, Pennsylvania, Florida, California and North Carolina. We can represent your family regardless of where the asbestos exposure occurred.
Our Track Record
Meirowitz & Wasserberg has represented mesothelioma patients and their families in cases across the country for decades. Our results reflect a firm that takes on difficult cases and sees them through.
Results From Meirowitz & Wasserberg
- $800M+ in total recoveries across all practice areas
- 2,000+ mesothelioma cases handled by our attorneys
- 300+ mesothelioma cases handled by the firm
- Significant verdicts won in cases other firms turned down
- Top 10 filer of asbestos cases nationally
These numbers represent real families who trusted us with some of the hardest moments of their lives. That responsibility is something we take seriously in every case we accept.
No Fee Unless We Win
Your family pays nothing up front. We work on a contingency basis, meaning we only get paid if we recover compensation for your family. Call us 24/7 or use the form below to get a free case evaluation.
Get a Free Case EvaluationFrequently Asked Questions About Mesothelioma Wrongful Death Lawsuits
Can you file a mesothelioma lawsuit after someone dies?
Yes, family members or the estate’s personal representative can file a mesothelioma wrongful death lawsuit against the asbestos companies responsible for the exposure. Families can also file asbestos trust fund claims and, for veterans, VA Dependency and Indemnity Compensation (DIC) claims. We can help your family pursue all available options at the same time.
How long do you have to file a mesothelioma lawsuit after death?
The statute of limitations for a mesothelioma wrongful death lawsuit generally ranges from one to six years from the date of death, depending on the state. Some states apply a discovery rule that starts the clock when the family learns that asbestos caused the death. Contact an attorney immediately to determine your deadline.
How much compensation can you get from a mesothelioma wrongful death lawsuit?
According to Mealey’s Litigation Report, the average mesothelioma wrongful death settlement ranges from $1 million to $1.4 million, with verdicts reaching significantly higher. Meirowitz & Wasserberg has recovered $500M+ for families, including a $32M+ asbestos verdict. Every case is different, and your family’s recovery depends on the specific circumstances of your claim.
What happens if someone dies during a mesothelioma lawsuit?
If an individual diagnosed with mesothelioma dies while a personal injury lawsuit is pending, an attorney can convert the case to a wrongful death lawsuit, a survival action or both. The family or estate representative can then continue the litigation and pursue full compensation.
About The Author
Daniel Wasserberg
Founding Partner
Daniel Wasserberg, a founding partner of Meirowitz & Wasserberg, is a Best Lawyers-recognized and Super Lawyers-rated mesothelioma attorney with over 20 years of experience. Named a Top 100 Trial Lawyer and Top 10 Asbestos-Mesothelioma Lawyer, he leads the firm's national asbestos practice.
