Asbestos Claims After Death

If a loved one passes away from an asbestos-related illness like mesothelioma, you may qualify for compensation through a claim. While a financial payout can never undo the wrong of losing your loved one, asbestos claims after death can help you cover funeral costs, leftover bills, and other expenses. Contact Mesothelioma Hope now to find out if you can file an asbestos claim after death.

Legally reviewed by: Melissa Crowe Schopfer

Last updated: December 5, 2024

About Asbestos Claims After Death

Asbestos claims after death can be filed on behalf of a deceased person by their surviving family members, loved ones, or estate representatives.

You may qualify to file asbestos claims after death if your loved one died from:

Mesothelioma
Asbestosis
Lung cancer
Other serious asbestos-related diseases

With these claims, your family can recover significant compensation — often $1 million or more — to start healing after losing a loved one to an asbestos-related disease.

Key Facts on Claiming for Asbestos After Death

Average payout: With help from our legal partners, many families have received $1 million+ for mesothelioma wrongful death claims, with the first payouts being awarded in 90 days or less.
Deadlines to file: : State laws allow anywhere from 1-6 years to file asbestos claims after death. A mesothelioma lawyer can help you file in time.
Who’s eligible: Anyone with legal authority over a person’s estate (loved ones, family members, or another representative) may qualify to file.

Get a Free Case Review to find out if you can take legal action by filing an asbestos wrongful death claim.

Who Can File Asbestos Claims After Death?

In general, anyone with legal authority over the deceased’s estate may qualify to file asbestos claims after death.

Those who may qualify to file asbestos claims after death include:

Children
Legal guardians or representatives
Spouses
Other close loved ones, such as stepfamily or adopted family

If your family member filed an asbestos lawsuit but died before the case concluded, you can continue it as a wrongful death case.

How to File an Asbestos Claim After the Loss of a Loved One

Learn about each step in the process of filing an asbestos wrongful death claim and securing compensation below.

1. Consult an Asbestos Attorney

An experienced mesothelioma lawyer will give you the best chance at maximum compensation when filing asbestos legal claims after the death of a loved one.

Did You Know?

Mesothelioma lawyers make every step of the legal process easier for your family, as they do nearly all of the work for you.

Call our Patient Advocacy team at (866) 608-8933 to learn if you can file mesothelioma claims after death.

2. Collect Evidence for Your Asbestos Claim

Once you choose your asbestos wrongful death attorney, they can start building a claim for you. This process includes gathering evidence that shows your loved one died from an asbestos-related disease.

Pieces of evidence that lawyers may collect include:

Death certificate
Employment and work history records
Medical records confirming the diagnosis
Military service documents
Product receipts

This evidence will help your lawyers determine when, where, and how your loved one was exposed to asbestos-containing products and which companies made the products in question.

It’s OK if you don’t know how or when your loved one’s asbestos exposure occurred. An experienced mesothelioma attorney can conduct research on your behalf to determine this.

3. File the Asbestos Claim

Once your lawyer has gathered all the evidence needed to build an asbestos wrongful death claim, they can file it on your behalf with any and all manufacturers in question.

Time Limit for Asbestos Claims After Death

Each state allows anywhere from 1-6 years to file asbestos claims after death, and top mesothelioma lawyers can ensure your case is filed before time runs out.

Working with an attorney to file a mesothelioma wrongful death case makes the process hassle-free for you and your loved ones. It can be incredibly hard to file a successful mesothelioma lawsuit without help from experienced lawyers.

4. Negotiate a Settlement or Go to Trial

Once your asbestos claim after death has been filed, your attorneys can start negotiating with the lawyers of the asbestos companies to secure compensation for you.

Over 99% of mesothelioma lawsuits award compensation through out-of-court settlements. This is where the manufacturers of asbestos-based products agree to pay you to avoid an in-court trial.

The claim may go to trial if a settlement can’t be reached. In a trial, a judge or jury hears both arguments and determines how much (if any) compensation you’ll receive. Your attorneys will prepare your wrongful death claim in the event a trial is needed.

Get a Free Case Review to start an asbestos claim after a loved one’s death. We’re here to help you and your family get justice.

Settlements for Asbestos Claims After the Death of a Loved One

The average mesothelioma settlement is worth $1 million or more — significant compensation for those who’ve lost a family member to this cancer.

That said, each asbestos or mesothelioma settlement after death is unique and will depend on the specific factors in your case.

Recent settlements for asbestos cancer claims after death include:

$60 million to a California family who lost their loved one to mesothelioma
$15 million for the family of a New York construction worker
$5.2 million in asbestos wrongful death settlements for a family in Florida
$4 million to the family of a Los Angeles teacher
$3.75 million for the loved ones of a laborer from Pennsylvania
$2.69 million for the family of a California shipyard worker

While a mesothelioma settlement cannot make up for the preventable loss of your loved one, it can help alleviate any financial stress and worries after their death.

3 Types of Asbestos Wrongful Death Claims

There are three main types of asbestos claims that you may qualify to file after losing a loved one to an asbestos-related disease. Learn about each type of claim below.

1. Mesothelioma Lawsuits

Through a mesothelioma wrongful death lawsuit, you can hold the manufacturers of asbestos-containing products legally accountable for your loved one’s passing.

These lawsuits are filed against any manufacturers that made and sold the asbestos products your loved one was exposed to.

Mesothelioma wrongful death lawsuits award compensation for:

Funeral and burial costs
Lingering medical bills
Lost wages from time off work
Pain and suffering

By working with our partner mesothelioma law firm to file wrongful death lawsuits, many other families secured millions of dollars, with the first payments often awarded in 90 days or less.

2. Asbestos Trust Funds

Many manufacturers of asbestos-containing products filed for bankruptcy to avoid lawsuits, but the U.S. court system forced them to set up trusts to stay in business.

There is more than $30 billion set aside in asbestos trust funds today. If you lost a loved one to mesothelioma or another asbestos-related disease, you may qualify to file a trust fund claim for compensation.

Our team can help you pursue asbestos trust fund payouts — get in touch with us to see how much compensation you may be eligible for.

3. Mesothelioma VA Benefits

Today, 1 in 3 mesothelioma patients is a U.S. veteran since the military extensively relied on asbestos-containing products between the 1930s and early 1980s.

The U.S. Department of Veterans Affairs (VA) offers benefits not only to veterans with mesothelioma but to next of kin in the event the veteran passes away.

VA benefits awarded through asbestos claims after death include:

Dependency & Indemnity Compensation (DIC)
Funeral reimbursement
Survivor benefits

We can help you pursue any mesothelioma VA benefits you qualify for, as well as lawsuits and asbestos trust fund claims. Call (866) 608-8933 now to get started.

Statute of Limitations on Asbestos Claims After Death

A statute of limitations sets a time limit on how long you have to file general mesothelioma lawsuits and asbestos claims after the death of a loved one. Each state sets its own statute.

The statutes of limitations range from 1-6 years, with most states setting the statute at 2-3 years. View mesothelioma statutes of limitations by state below.

Mesothelioma Statute of Limitations by State

Alabama *2 years