Filing Asbestos Claims After Death: What You Need to Know

It’s never easy to have a death in the family. But if a loved one dies from mesothelioma, families may also face unexpected financial burdens.

Filing for asbestos compensation after death can help cover funeral costs, outstanding medical bills and lost income.

Asbestos claims provide a pathway for families to seek compensation from the companies responsible for their loved one’s wrongful death. Understanding the process can help you honor your loved one’s memory and secure the financial support you need during this challenging time.

Who Can File Asbestos Claims After Death?

The laws that determine who can file an asbestos claim after the death of a loved one vary by state. Typically, it must be a close family relative, meaning that the deceased’s spouse, children and parents have the right to file.

Estate representatives, who are either named in the will or appointed by the court, can sometimes file claims on behalf of the estate if no immediate family members are available. Estate representatives can also take over handling claims that were filed before the person with mesothelioma passed away.

In addition to knowing if you’re eligible, you should be aware of the statute of limitations for asbestos claims, which is the time you have to file. It varies by state, but usually ranges from one to three years after the date of death.

Important Steps for Filing an Asbestos Claim After Death

Filing asbestos claims after death can seem overwhelming, especially at a time when you want to focus on your family. An experienced attorney can guide you through the steps and make it as stress-free as possible.

1. Choosing an Experienced Attorney

Understanding how a mesothelioma attorney can help you secure asbestos compensation after death is the first step. Successful mesothelioma claims require specific knowledge and the right resources. A law firm that has extensive experience in asbestos litigation, like the team at Early, Lucarelli, Sweeney & Meisenkothen (ELSM), can better help you navigate these challenges. In fact, our legal team can take care of the entire process for you.

2. Collecting Evidence for Your Claim

Your legal team can help identify the manufacturers responsible for your loved one’s asbestos exposure, which may have occurred decades ago. They’ll gather extensive documentation, including medical records, work history, military service documents and even product receipts.

An experienced attorney will know how to identify the evidence that can prove your loved one was exposed to asbestos products. Plus, a law firm with a history of successful mesothelioma cases will have the resources available to put a large team behind your case and speed up the process.

3. Filing a Claim

After gathering the required evidence, your attorney will determine who to file the claim against and where to file it. Asbestos claims after death may be filed against multiple companies or in different states. An experienced mesothelioma attorney will know the best strategy.

4. Negotiating a Settlement

Most asbestos-related wrongful death cases are resolved through settlements, where the two sides come to an agreement about what the responsible asbestos companies will pay the family. A mesothelioma settlement after death can result in a large sum of money—ELSM Law has secured nearly $5 billion in settlements.

One of your attorney’s most important roles is to negotiate the settlement. They’re familiar with legal precedents and have the skills to push for a fair settlement and get the compensation your family deserves.

Types of After-Death Asbestos Claims

There are several types of asbestos cancer claims after death that loved ones of the deceased may be able to file. In addition to filing a lawsuit, your attorney can help you determine if you’re eligible for trust fund compensation or benefits from the Department of Veterans Affairs (VA).

1. Asbestos Trust Funds

Some manufacturers of asbestos products filed for bankruptcy rather than face millions of dollars in lawsuits. As part of their bankruptcy agreements, they had to create asbestos trust funds to compensate victims and their families.

There are more than 65 trust funds today holding tens of billions of dollars. The process for making these types of asbestos claims after death is generally faster and easier than filing a lawsuit. You may even be able to file multiple claims if your loved one’s exposure was caused by more than one company. Your attorney can handle this process.

2. Wrongful Death Lawsuits

Many manufacturers knew about the dangers of asbestos yet continued to use it in their products and sweep the negative effects under the rug. Mesothelioma lawsuits hold those manufacturers accountable for their actions and for the death of your loved one.

While the process is more involved than filing a claim with a trust fund, lawsuits typically earn the largest mesothelioma settlements after death. Compensation from a wrongful death lawsuit can help cover funeral expenses, medical bills, lost income and more.

3. VA Claims for Asbestos Exposure

The families of veterans who died of mesothelioma after being exposed to asbestos during military service may be eligible for VA benefits. Spouses, children and parents may be able to claim VA Dependency and Indemnity Compensation (VA DIC), which is a tax-free monthly payment. In addition, the person who paid for the veteran’s burial or funeral may be able to get reimbursed. Your attorney can help you apply for these benefits and provide the evidence needed to get approved.

Get the Legal Support You Need

There is always a lot to think about when a loved one passes away. If they died of mesothelioma because of someone else’s negligence, it can be even more difficult. Filing asbestos claims after death can ensure your family gets the compensation you deserve.

It's important to find an experienced mesothelioma attorney. The right skills and knowledge can make all the difference in not only getting you the best possible settlement, but also in getting it quickly. ELSM Law has decades of experience helping families of mesothelioma victims. We understand that time is often of the essence when you need to pay funeral costs, outstanding medical bills and ongoing expenses.

If you’ve lost a loved one to mesothelioma, getting legal support can make all the difference for securing your family’s financial future. Contact ELSM Law today to learn how we can help you file your asbestos claim after death.

FAQs

What is the average wrongful death settlement for mesothelioma?

The average settlement for mesothelioma typically ranges from $1 million to $1.4 million but can be much higher. The exact amount can vary depending on several factors, including the specifics of the case, the degree of asbestos exposure, the number of companies involved and the state where the claim is filed. Working with an experienced attorney who knows how to negotiate these types of settlements may also increase the amount.

What is the statute of limitations for an asbestos claim?

The statute of limitations for asbestos claims varies by state, but typically ranges from one to three years from the date of death. You may not be able to file a claim after the statute of limitations has expired. That’s why talking to an attorney as soon as possible after a mesothelioma diagnosis or death is important to protect your legal rights.

How is a mesothelioma settlement amount determined after death?

The amount of a mesothelioma settlement after death is determined by many different factors, including the age of the deceased person, the severity of their exposure, the amount of medical expenses and whether they had a spouse or any dependent children who relied on their income. The number of defendant asbestos companies and their ability to pay can also influence the settlement. Your attorney will assess these factors to determine a settlement amount that properly compensates you for your loss.

How much can family members get for a mesothelioma claim after death?

For a mesothelioma wrongful death lawsuit, family members receive anywhere from $1 million to $1.4 million on average. They can also receive more, especially if the case goes to trial. In addition, family members can file mesothelioma claims with asbestos trust funds, which can pay out hundreds of thousands of dollars, depending on the trust fund. These claims provide much-needed funds for medical expenses, funeral costs and lost income.