Filing a Mesothelioma Lawsuit After Death

Mesothelioma is a devastating disease caused by exposure to asbestos. The disease takes a toll not only on its victims but also on family members devastated by the loss of their loved ones. If you’ve lost a loved one to mesothelioma, you may be entitled to compensation. However, pursuing a mesothelioma lawsuit after death can be a complex and challenging process. That’s why having the right legal representation on your side is crucial. Meirowitz & Wasserberg LLP specializes in mesothelioma litigation and can help you seek justice for your loved one’s suffering.

Written by: Daniel Wasserberg
Daniel Wasserberg became an Asbestos & NYC personal injury lawyer because he was motivated to assist victims of injustice by fighting corporate entities that value profit over the public’s health and welfare. Mr. Wasserberg has been appointed one of “The Top 10 Asbestos Lawyers” by The National Trial Lawyers.

Daniel Wasserberg became an Asbestos & NYC personal injury lawyer because he was motivated to assist victims of injustice by fighting corporate entities that value profit over the public’s health and welfare. Mr. Wasserberg has been appointed one of “The Top 10 Asbestos Lawyers” by The National Trial Lawyers.
Daniel Wasserberg became an Asbestos & NYC personal injury lawyer because he was motivated to assist victims of injustice by fighting corporate entities that value profit over the public’s health and welfare. Mr. Wasserberg has been appointed one of “The Top 10 Asbestos Lawyers” by The National Trial Lawyers.

If you have lost a family member to mesothelioma, you can file a mesothelioma lawsuit after death against the party or parties who exposed them to asbestos. You will be able to recover compensation if your case is proven to be one involving wrongful death. 

The lawyers at Meirowitz & Wasserberg LLP in New York and New Jersey are experienced in handling mesothelioma litigation successfully. We represent families who have lost a loved one to mesothelioma and get them the compensation they deserve.

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What Is a Wrongful Death Lawsuit for Mesothelioma?

Wrongful death refers to a civil suit brought by family members or dependents against the individuals or companies who caused the death of their loved one, either knowingly or unknowingly. 

Family members can file mesothelioma wrongful death lawsuits after their loved ones have passed away from mesothelioma.

Facts about Asbestos and Mesothelioma Wrongful Death

For decades, asbestos was used extensively for its fire-retardant properties in construction and manufacturing. The material could be found in textiles, cement compounds, roofing shingles, floor tiles, ceiling materials, and automobile parts, among other things. Over time, researchers discovered the strong links between asbestos exposure and several devastating lung diseases, including mesothelioma, lung cancer, and asbestosis.

Mesothelioma is a type of cancer with one primary known cause—asbestos exposure—and no known cure. The disease can take years or even decades to develop after exposure. Here are some other facts and statistics about mesothelioma:

  • According to the Institute for Health Metrics and Evaluation, almost 41,000 American workers died from asbestos-caused diseases in 2019.
  • According to the American Cancer Society, about 3,000 persons are diagnosed with mesothelioma yearly in the U.S.
  • Only 12 percent of people diagnosed with mesothelioma survive for five years or more—late diagnosis is a major reason.

How Do Mesothelioma Settlements Work?

Mesothelioma settlements are agreements negotiated with the asbestos manufacturers and other responsible parties to resolve asbestos claims. The purpose of a wrongful death mesothelioma settlement is to financially compensate the family or dependents of victims for deaths caused by asbestos exposure. 

The compensation aims to cover the financial losses from the victim’s death, such as medical bills, funeral costs, and loss of the victim’s wages. It also is intended to cover the loss of the companionship, comfort, instruction, guidance, and support the deceased loved one provided.

Choosing a Mesothelioma Lawyer

Mesothelioma wrongful death claims are complex, requiring experience and expertise. An accomplished and skilled mesothelioma lawyer can build a strong case and get you closer to a favorable settlement or verdict. 

One of the tricky aspects of handling asbestos death and mesothelioma cases is identifying where the asbestos exposure happened. This is where a lawyer with in-depth knowledge of asbestos comes in. Your lawyer will work with experts to identify and prove the asbestos exposure and link it to the mesothelioma.

You may also be eligible to file claims with asbestos trust funds. Asbestos trust funds were created to compensate victims of asbestos exposure caused by bankrupt companies. An experienced mesothelioma lawyer knows when and how to file asbestos trust fund claims.

Meirowitz & Wasserberg’s attorneys in New York City, New York State, and New Jersey are committed to getting you the settlement your family deserves. 

How To File a Mesothelioma Lawsuit After Death

A mesothelioma lawyer can help you file a wrongful death for mesothelioma suit against the company responsible for your loved one’s asbestos exposure. Your mesothelioma lawsuit may follow this process:

Step 1: Prepare the Case

During this stage, you will meet with your lawyer to discuss your deceased family member’s work history, their residences, and whether a family member or co-resident regularly used any products or household items containing asbestos. Your lawyer will also examine the medical records regarding your deceased family member’s mesothelioma.

Step 2: File the Case

If the deceased worked in several states, the asbestos exposure may have occurred in multiple places. Sometimes, the exposure may have happened in one location, but the company responsible is based in another state. Because state laws differ, your lawyer will decide which state will give your case the most advantage and file your claim there.

Step 3: Discovery

At this stage, your lawyer will contact investigators and medical experts to gather more evidence to build your case. Often, they will interview people who worked with your deceased family member to understand the nature of their work and to ask them to testify about possible asbestos exposure. You or other family members may also give an interview or deposition.

Step 4: Defendant Responses

After your lawyer has gone through the discovery phase, the defendants will respond to the wrongful death claim. 

Step 5: Negotiation

The defendant may try to negotiate a mesothelioma wrongful death settlement offer with you, especially if your case is strong. 

Settling a case out of court is often more efficient and advantageous for both parties. However, if no settlement is reached, the case will proceed to trial. 

Step 6: Trial

At the trial stage, each party tries to persuade the court to rule in their favor. Although most mesothelioma lawsuits don’t make it to trial, our lawyers are ready to take your case to trial to get you the compensation you deserve. 

At the end of the trial, the court will give a verdict. If you’re successful, the court will award you compensation. 

The Meirowitz & Wasserberg team is here to help you navigate all these steps successfully.

Compensation Available in Mesothelioma Lawsuits

After a successful mesothelioma lawsuit, families of the deceased may be entitled to mesothelioma compensation. The compensation may cover both economic and non-economic damages. 

Economic damages are financial losses your family suffered because of the mesothelioma. They include:

  • Medical bills
  • Lost wages
  • Loss of income
  • Funeral expenses

You can also recover damages for non-economic hardship such as:

  • Emotional pain and suffering 
  • Loss of consortium for the surviving spouse

How Much Is a Mesothelioma Case Worth?

The amount you can recover in compensation depends on the severity of your case, among other factors. The court considers factors such as the number of companies involved and how old your loved one was when they were diagnosed. 

Meirowitz & Wasserberg’s lawyers have recovered multi-million dollar settlements for our clients in several mesothelioma cases. Some of our case results include the following:

  • $5,100,000+ settlement for a Navy machinist’s mate who contracted mesothelioma
  • $3,400,000+ settlement for a Navy boiler tender who contracted mesothelioma through asbestos exposure as a boiler-room operator
  • $4,000,000+ settlement for a Puerto Rican sugar mill mechanic and laboratory equipment engineer who contracted mesothelioma
  • $3,150,000+ settlement for a painter who contracted mesothelioma from asbestos exposure in buildings
  • $2,300,000+ settlement for a school custodian who contracted mesothelioma from asbestos-containing products installed in the school

What is the Average Settlement for Mesothelioma Wrongful Death Case?

Consumer Safety says the average mesothelioma settlement is one to two million dollars. Of course, every case is different, and you may receive more or less depending on the individual circumstances you bring to your case.

Trust the Mesothelioma Lawyers at the Meirowitz & Wasserberg LLP

Although compensation can never fully account for the loss of your loved one, it may help ease financial strains. Mesothelioma lawsuits are complex, but you can count on the award-winning mesothelioma lawyers at Meirowitz & Wasserberg LLP in New York City, New York State, and New Jersey. 

If you’ve lost a loved one to mesothelioma, don’t hesitate to seek the compensation and justice your family deserves. Contact Meirowitz & Wasserberg LLP today to schedule a free consultation and learn more about your legal options. Our experienced attorneys can guide you through the process of filing a mesothelioma lawsuit after death and fight for your family’s rights. 

Don’t wait—call us now at (833) 456-4566 or visit our website to schedule your free consultation. Let us help you get back on the road to recovery.

Meirowitz and Wasserberg photo and text: NYC Mesothelioma Lawyers


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Choosing Sam and Dan to represent us in my father’s Mesothelioma case is one of the best decisions we could of made as a family. Their honesty, integrity, and compassion is unsurpassed. After interviewing with other law firms they were a clear and unanimous choice for my family. While no amount of money can compensate us for the loss of our dad, Sam and Dan have fought hard on our behalf which has helped us greatly in caring for our mom and her future needs. I highly recommend Sam and Dan and all the kind, compassionate members of their team.
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