Asbestos Claims After Death

Filing an Asbestos Claim After Death of Loved One

An asbestos claim after death, or a wrongful death claim, allows the family to seek compensation for a loved one’s asbestos-related death. Asbestos claims or lawsuits let families hold manufacturers accountable for a loved one’s death from asbestos exposure.

Usually, living patients file a personal injury claim or an asbestos trust fund claim on their behalf. The plaintiff, or patient, is usually the key witness against the defendants.

After the patient dies, they can’t prove their exposure history. Also, they can’t find witnesses to their asbestos exposure. That’s one of the reasons why navigating an asbestos claim after a patient’s death is complex.

However, that doesn’t mean family members of a deceased loved one can’t file an asbestos claim such as a mesothelioma lawsuit. An experienced mesothelioma lawyer can best advise the family and estate about legal options.

Types of Asbestos Claims After Death

The different types of asbestos claims after the death of a loved one diagnosed with mesothelioma or another asbestos-related disease include wrongful death lawsuits, settlements and claims against an asbestos trust fund.

A mesothelioma lawyer can best explain the differences between each of these types of claims and recommend what’s best for your family.

Who Is Eligible to File an Asbestos Claim After Death?

If an asbestos-related illness causes a death, the family may file a wrongful death claim on behalf of the estate. Each state has different rules on who can file a wrongful death claim. Generally, it must be someone close to the deceased, not an estranged family member or acquaintance. It may also include life partners in some states.

A wrongful death lawsuit can help families pay debts from medical bills, funeral costs and lost income. Mesothelioma compensation may offer hope to families in financial need.

In 2021, a Wisconsin jury awarded $26.5 million to a widow whose husband died of mesothelioma in 2018. Her husband, Gerald Lorbiecki, worked at Wisconsin Electric and Pabst’s Milwaukee brewery. He was exposed to asbestos on the job. After his wife filed an asbestos claim, Wisconsin Electric settled before trial.

How Does an Asbestos Claim Change if a Claimant Dies?

If a mesothelioma plaintiff dies before their claim resolves, an estate representative can continue it as a wrongful death suit. Any compensation from the claim will go to the estate, not the estate rep. You can then divide the payment, as a will divides an estate among family.

In a mesothelioma wrongful death case, damages are often less than if the plaintiff had been alive to sue. The court presumes that a living plaintiff has ongoing expenses. They’ll also be dealing with emotional distress. If the plaintiff dies, those parts of the claim no longer apply.

The loss of the original plaintiff can affect compensation. Because they can no longer attest to their history of asbestos exposure, it may be harder to confirm workplaces, find witnesses and get medical records.

Estate Representatives Manage Claims

If a mesothelioma patient dies during a lawsuit, their claim goes to their estate. The estate representative manages the claim and all decisions on the plaintiff’s behalf.

For example, Nicholas Barone got mesothelioma from contaminated talc in plastics and died. Barone’s widow and her lawyer represented her husband’s estate in the case against companies that used asbestos products and the manufacturers. In May 2024, a jury awarded Barone’s family $15 million.

How to File a Wrongful Death Claim for Mesothelioma

It’s essential to seek the advice of an expert mesothelioma attorney when filing a wrongful death claim for mesothelioma. A skilled mesothelioma lawyer knows which firms used asbestos. They can research the best strategy for your case.

All mesothelioma claims need skilled handling. They require knowledge and experience. It’s crucial to have expertise to build a case. This is needed when a patient cannot testify or detail their exposure.

In some states, companies are liable for secondhand asbestos exposure. Asbestos fibers are microscopic and can travel on clothes, shoes, hair or skin. Someone who worked with the mineral may have exposed others to asbestos. 

Firefighters, construction workers, electricians and auto mechanics are the types of jobs where workers may have brought asbestos fibers home with them. A lawyer can help determine if a secondhand exposure claim is possible in a wrongful death case.

In April 2024, a jury in Illinois awarded $45 million to the family of a woman who died of mesothelioma. Family members of Theresa Garcia filed a wrongful death lawsuit against Johnson & Johnson. Plaintiffs claimed J&J’s talc-based baby powder contained asbestos. Her family says Garcia used the product on a regular basis.

Compensation Available Through Asbestos Claims After Death

Families of those who died of mesothelioma can get compensation through multiple legal claims, such as wrongful death lawsuits and asbestos trust funds. These types of claims help pay for expenses incurred by the family or patient.

Compensation may also help cover expenses incurred from travel to hospitals and hotel stays. A mesothelioma attorney can help you outline the types of compensation your loved one’s family may be entitled to.

Average Payouts

Average mesothelioma compensation ranges from $1 million to $20.7 million, according to the 2024 Mealey’s Litigation Report.

In some cases, survivors of a person who died from an asbestos-related illness may be eligible for compensation from many legal options. Financial compensation varies for each case.

Factors Affecting Compensation

There are several factors that may affect the amount of compensation you receive from your mesothelioma case.

Your type of claim and its variables will also affect the value of your case. You can file lawsuits and trust fund claims at different times or at the same time. Filing for both may increase your case value. An experienced mesothelioma lawyer will be able to determine if you can seek compensation.

Why File an Asbestos Claim Before the Death of a Loved One

The main benefit of filing an asbestos claim before a loved one’s death is to better prepare the case with a detailed asbestos history. A family member, like a spouse or child, might know some of a loved one’s work history. But no one likely knows more than the person with the disease. The sooner you start documenting, the better. 

Mesothelioma treatments also may negatively impact a patient’s abilities. Chemotherapy, for example, can affect memory. This will make it harder for patients to testify or recall their work history.

Preparing can save time if a family member receives a diagnosis of an asbestos-related disease. Mesothelioma lawyers we’ve interviewed say to create a file with a detailed work history and useful contacts. This can help an attorney build the strongest case in a short amount of time.

Legal Requirements for Filing Asbestos Claims After Death

State laws affect who can file wrongful death cases. They also affect when they can and the evidence needed. Research shows that Maine’s new wrongful death law, effective 2024, expands the time to file lawsuits from 2 to 3 years. It also raises the damages cap each year based on inflation.

Asbestos-related diseases take 5 to 6 decades to show symptoms. So, they often wait a long time before doctors diagnose them. In asbestos cases, these latency periods limit time to file lawsuits. This affects claimants and their families.

The statutes of limitations for mesothelioma lawsuits vary by state. So the time you have to file depends on where you file your claim. The time limit is usually 1 to 3 years from diagnosis or the death caused by asbestos disease. 

These rules require expertise in asbestos litigation and its changing regulations. You must also know key exceptions that may apply to individual cases. Mesothelioma lawyers know these laws and their effects on you.

How to Document Asbestos Exposure

It’s never too early to document a history of asbestos exposure. This is true even before doctors diagnose an asbestos-related disease. If you suspect a loved one was exposed to asbestos, document their work history. Include the dates spent at each job and the location of the job.

Write down the specifics of the jobs worked. Include tasks they performed and machinery they worked with. List co-workers who worked with your family member. They may be witnesses in the case. If a parent or relative worked with asbestos, note their work history. Secondhand exposure is a concern.

Common Questions About Filing an Asbestos Claim After Death

Can you file an asbestos claim after someone dies?

Yes, you may file an asbestos claim after death, otherwise known as a wrongful death lawsuit, when a loved one dies of mesothelioma, lung cancer or asbestosis.

What expenses can compensation from a claim filed after death cover?

Factors such as medical bills and lost wages determine the compensation awarded for a mesothelioma wrongful death claim. However, you’re typically entitled to use the payment to cover any expense you wish.

How are wrongful death benefits paid out?

Your attorney typically distributes the asbestos compensation awarded from a wrongful death claim. You may receive a lump sum or payments in installments.

Is compensation from a wrongful death verdict or settlement taxable?

It depends on the kind of compensation awarded. In most cases, compensation for general or special damages isn’t taxable, but payment for lost wages and punitive damages is taxable. Your attorney will explain which portions of your mesothelioma compensation the government may tax.

Can you file an asbestos claim after death for other asbestos diseases?

Yes, you can file a claim afer the death of a loved one who was diagnosed with asbestos-related lung cancer and other diseases associated with exposure to asbestos.

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