When a person passes away from malignant mesothelioma, family members can file a wrongful death lawsuit. These lawsuits are filed against the companies responsible for a wrongful death lawsuit for Mesothelioma.
When a person passes away from malignant mesothelioma, family members can file a wrongful death lawsuit. These lawsuits are filed against the companies responsible for exposing the victim to asbestos. Filing a wrongful death lawsuit can provide the family of the deceased with financial compensation for lost income, medical and funeral expenses, and other related costs.
Settlements for Mesothelioma Wrongful Death
Most mesothelioma lawsuits settle without having to go to court. Awards in jury verdicts may be higher than settlements, but compensation is not guaranteed. The average mesothelioma settlement amount in a mesothelioma lawsuit is between $1 million and $1.4 million.
Who Can File a Mesothelioma Wrongful Death Claim?
The laws that determine eligibility for filing a mesothelioma wrongful death lawsuit vary by state. You should talk to a mesothelioma lawyer to find out precisely what the law is in your location.
Typically, these are the people who can file a mesothelioma wrongful death claim:
- Spouse
- Children
- Registered domestic partner
- Parent
- Grandparent
- Sibling
- Niece
- Nephew
- Minor stepchild
The mesothelioma claim is filed on behalf of the deceased person’s estate by the estate representative. Often, the estate representative has been established by the deceased in their last will. If the deceased had not named an estate representative, the court will appoint one.
The representative can be the:
- Executor
- Administrator
- Court-appointed personal representative of the estate
For more information about the laws in your state, consult with a mesothelioma law firm.
Who Receives Payment From a Mesothelioma Wrongful Death Lawsuit?
Payment from a mesothelioma wrongful death lawsuit award goes to the deceased person’s estate. The payment may be divided among family members.
Mesothelioma Wrongful Death Claim Challenges
Asbestos wrongful death claims can be more challenging to prove than asbestos personal injury claims. This is because someone who passed from mesothelioma is no longer here to tell their story and be a witness.
Common challenges of pursuing a mesothelioma wrongful death claim include:
- The deceased cannot testify.
- The deceased may have known details about their asbestos disease and work history that nobody else knows.
- It may be harder to find co-workers who can talk about workplace conditions.
- It may be harder to find documents, such as medical and work records, to help prove the mesothelioma claim.
- The statute of limitations may run out.
One of the biggest mistakes that families of mesothelioma victim make is to wait too long to take legal action after their loved one passes away. Families waited too long because they didn’t know about the statute of limitations.
The statute of limitations is the deadline that you must meet to file your asbestos claim. The deadline begins at the time of the mesothelioma patient’s death, and the amount of time given varies by state.
If a loved one passes away from mesothelioma, you should contact a mesothelioma attorney right away to make sure you don’t miss the deadlines.
Can You Receive Mesothelioma Compensation for Personal Injury and Wrongful Death Claims?
In some cases, a mesothelioma patient can file a personal injury lawsuit and receive compensation. After they pass away, their family can file a wrongful death lawsuit and receive additional mesothelioma compensation. In some other cases, a pending personal injury lawsuit can be converted to a wrongful death lawsuit after the mesothelioma patient passes away.
An example is Mr. Bankhead, who was a mechanic who repaired trucks and other large vehicles. From 1965 to 1999, he was exposed to asbestos dust when working with brake parts with asbestos linings. In 2010, he was diagnosed with mesothelioma. He filed a personal injury lawsuit, for which his family received $4 million in compensation.
He died less than two years after he was diagnosed with mesothelioma, at age 68. After his death, his widow and two adult daughters filed a wrongful death lawsuit against the company that manufactured the brake linings that had exposed Mr. Bankhead to asbestos.
The jury awarded $6 million to Mrs. Bankhead and $2.5 million to each of his daughters, for a total of $11 million. This award was to compensate his family for the loss of Mr. Bankhead’s companionship for the estimated 17 remaining years of his life expectancy if he had not developed mesothelioma.
Suppose a loved one passes away from mesothelioma before their injury lawsuit gets resolved. In that case, an experienced asbestos attorney can help you decide whether to pursue a wrongful death lawsuit before the statute of limitations expires.
Why File a Mesothelioma Lawsuit After Death?
Filing a wrongful death mesothelioma lawsuit provides loved ones with not just financial compensation, but the opportunity to hold companies responsible for their negligent behavior.
These companies can be your loved one’s former employers or manufacturing companies that made dangerous or defective products. In many cases, employers and asbestos product manufacturers were negligent, exposing people to asbestos even though the companies knew about the dangers involved.
A wrongful death lawsuit seeks justice for the companies’ negligence. A large verdict or wrongful death settlement can encourage asbestos product manufacturers to stop negligently harming employees and consumers.
Compensation You May Receive in a Wrongful Death Lawsuit
In a wrongful death suit, any award you receive is meant to compensate you for your financial and emotional losses. The surviving spouse loses the companionship they enjoyed with the deceased loved one. Surviving children lose the parent-child relationship that the loved one would have provided.
The family also loses the financial contributions of the deceased loved one. Compensation is based, in part, on how much longer the loved one would have been expected to live if they had not gotten sick from asbestos exposure.
Examples of losses and expenses that may be awarded in a wrongful death lawsuit include:
- Any remaining medical bills and medical expenses from the loved one’s illness.
- The amount of money the loved one would have earned until they retired if they had not contracted their asbestos-related illness.
- Loss of the loved one’s companionship and consortium.
- Contributions to the household, including financial contributions and domestic labor.
- Funeral and burial expenses.
- Pain and suffering.
- Emotional trauma and distress.
- Comfort and support of children.
Sometimes, courts may award punitive damages to punish the defendants for reckless behavior and to deter them and others from behaving the same way in the future.
How Much Compensation Can You Receive for a Mesothelioma Wrongful Death Claim?
The amount of compensation in a wrongful death asbestos case can be substantial, especially if a court awards punitive damages. A mesothelioma verdict is usually higher than mesothelioma settlements. However, there are advantages and disadvantages to settling and going to trial, so you should discuss your options with an experienced mesothelioma lawyer.
For example, in 2020, the widow of a tire plant worker was awarded $32.7 million in a wrongful death mesothelioma lawsuit. In that case, Finch v. Covil Corporation, Mr. Finch was constantly exposed to a “sandstorm” of asbestos dust when he worked for 20 years in a tire plant, changing tires in mold presses.
When Mr. Finch was 78 years old, 21 years after he stopped working in the plant, he was diagnosed with mesothelioma of the linings of the lungs and the stomach. Before he got sick he was vigorous and healthy.
For the remaining 8 months of his life after receiving a mesothelioma diagnosis, he was in agony, undergoing multiple hospitalizations and extensive surgeries. Complications included removing his colon and spleen, suffering from severe pain and nausea, and needing to use a colostomy bag.
His widow filed a wrongful death lawsuit against the company that supplied the asbestos insulation for the tire presses. The jury awarded Mrs. Finch $32.7 million in damages, based on how much her husband had suffered from his illness and how much she and other members of the family had lost when he died. The company appealed the award, claiming that it was too high. However, in August 2020, an appeals court upheld the award.
What Happens in Mesothelioma Wrongful Death Settlements?
A wrongful death asbestos lawsuit is a civil suit usually brought against former employers or manufacturers of asbestos-containing products. Litigation follows these steps:
- Your mesothelioma lawyer and investigators conduct in-depth research to find evidence of the deceased person’s history of asbestos exposure. This may include finding former co-workers and other witnesses who can testify about how the deceased was exposed to asbestos.
- Your wrongful death lawyer will identify the company or companies to sue.
- Your lawyers will prepare and file the asbestos claim.
- Your mesothelioma lawyers and the lawyers representing the companies engage in exchanging information. This is called the “discovery process.” The company’s lawyers may want to take your deposition, and your lawyer will prepare you for that.
- The lawyers on both sides negotiate the mesothelioma settlement amount. If they agree, and you approve, then the case is over, and you receive the agreed-upon amount.
- If the mesothelioma case does not settle, your wrongful death lawyer will prepare for trial and argue your case before a jury.
Although most cases are settled, any case could go to trial. Experienced mesothelioma lawyers have the trial experience they need to provide a compelling mesothelioma case to the jury.
What Is the Statute of Limitations for Filing a Mesothelioma Lawsuit After Death?
Statutes of limitations are laws that limit the time you are allowed to file a wrongful death asbestos case, and the statutes vary by state. The average statute of limitations is 1-3 years after the patient was diagnosed with mesothelioma, although some states allow you to file an asbestos claim for up to 6 years.
Consult a mesothelioma attorney to find out your state’s laws so that you don’t miss the deadline to file. If the statute of limitations expires, you may permanently lose your opportunity to get compensation for your losses.
Common Questions About Mesothelioma Wrongful Death Lawsuits
You may be eligible to file an asbestos claim for wrongful death on your loved one’s behalf. Talk to an experienced mesothelioma attorney to find out more about your legal options and when the deadlines are for filing a claim.
Wrongful death settlement amounts for a mesothelioma lawsuit average between $1 million and $1.4 million. If a lawsuit goes to trial, a jury award for compensation can be even higher. Mesothelioma wrongful death lawsuits often result in high awards to compensate the family for their expenses and physical and emotional pain. Sometimes, a court will also award punitive damages, which can be substantial, to punish a negligent company and warn others.
If a mesothelioma patient files a personal injury claim and then passes away before the claim is fully resolved, the patient’s estate can usually turn the claim into a wrongful death lawsuit. Consult an asbestos attorney for help in guiding you through this process.
Asbestos product manufacturers either knew their products were dangerous or were negligent in the way they manufactured or distributed their products. Employers who put their workers to asbestos exposure were also negligent. Mesothelioma is a preventable tragedy. If workers and consumers had not been exposed to asbestos, they would not have gotten sick and had their lives cut short. The negligent companies must be held responsible for the harm they caused by exposing people to asbestos.
