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Mesothelioma doesn’t just affect the victim. It also affects the victim’s family. In many cases, when a person dies from mesothelioma, their family and/or estate may be able to file a wrongful death lawsuit. However, filing such a lawsuit must be done in a specific way, and within a certain time frame.
A mistake in the paperwork could mean the lawsuit is unsuccessful. As such, it’s important to hire an experienced attorney to represent you in your mesothelioma wrongful death lawsuit. It’s also important to understand the details of these lawsuits so you can be better prepared for the process.
Quick Links
What is a Mesothelioma Wrongful Death
Mesothelioma Wrongful Death Statute of Limitations
Mesothelioma Wrongful Death Statute of Limitations by State
Who Can Bring a Mesothelioma Wrongful Death Lawsuit
Filing a Mesothelioma Wrongful Death Lawsuit
Mesothelioma Wrongful Death Lawsuit Compensation
What Is a Mesothelioma Wrongful Death?
Mesothelioma is a type of cancer almost always caused by inhalation of asbestos fibers. While this cancer most often affects the lungs, it can also travel to other parts of the body, such as the ovaries of women exposed to asbestos. It can also affect the lining of the abdominal cavity or the sacs around the heart.
It’s estimated that mesothelioma kills between 12,000 and 15,000 people every year.[1] In most cases, the victims were exposed to asbestos in the workplace. Specifically, those who worked in mining, ship building, insulation services, demolition, fireproofing and a few other industries are most at risk for developing mesothelioma.
When a victim dies from mesothelioma, their family or a representative of the estate may file a wrongful death lawsuit. In this lawsuit, either the employer or the asbestos manufacturer (or both) will most likely be named as the defendant. However, if someone else’s actions or negligence led to the victim’s death, they may be named as the defendant instead.
If successful, the mesothelioma wrongful death lawsuit will grant the family of the decedent (the deceased victim) compensation for a variety of different costs and expenses, both economic and noneconomic.
Wrongful Death Statute of limitations
Like any lawsuit that falls under personal injury, mesothelioma wrongful death lawsuits have a statute of limitations. This means the family or estate representative only has a certain amount of time to bring forth a lawsuit. After this statute of limitations expires, it can be virtually impossible to successfully file a wrongful death lawsuit.
In many states, the statute of limitations is three years. However, some states have a statute as short as 1 year. (see a table of statutes of limitations by state below) It’s important to consult with a legal professional as soon as you believe you want to file a wrongful death lawsuit to ensure you’re within the statute of limitations.
In some states, the statute of limitations begins at the time of death. In other states, there is a “discovery rule.” This means the statute of limitations begins when it’s discovered that the cause of death was someone else’s actions or negligence.
When it comes to mesothelioma wrongful death lawsuits, the discovery rule doesn’t often apply, because asbestos exposure is almost always the cause of death. However, if a medical professional acted negligently, leading to the death, the discovery rule may apply if the family didn’t discover the medical mistake until much later. In this case, the medical professional may be named as the defendant in the wrongful death lawsuit.
Who Can Bring a Wrongful Death Suit?
As with many other factors, the question of who can bring a mesothelioma wrongful death lawsuit is a state-by-state issue. Some states only allow spouses, children and other dependants to bring a lawsuit on the decedent’s behalf. Other states allow extended family members to bring a lawsuit. If the lawsuit is successful, damages will be paid to those family members.
Yet other suits only allow representatives of the decedent’s estate to bring a lawsuit. Sometimes, this is a family member. Other times, it’s a lawyer who is named as the executor of the estate. The representative of the estate will often be named in a trust or will. When the representative of the estate brings a wrongful death lawsuit, the damages are paid to the estate, not the family members.
When the estate receives the damages, they’re distributed according to the decedent’s will or trust. This may mean they get passed on to family, or they may go to a charity, depending on how the decedent structured their will or trust. If there is no will or trust, the damages will be distributed according to their residential state’s intestate laws.
Filing a Mesothelioma Wrongful Death Claim
If you believe you should file a mesothelioma wrongful death lawsuit, speak with an experienced attorney immediately. If they believe you have a case, they will first file a petition for a lawsuit. This petition will name the defendant, and include documents like the decedent’s medical records and employment history.
After that petition is filed, the defendant will receive a summons, letting them know they’ve been named in the lawsuit. They may choose to simply accept the summons, and agree to settle the case outside of court. If they do so, your case be completed within just a few weeks.
However, if the defendant chooses to fight the lawsuit, the case will be taken to court. Other pieces of information will probably be presented at this point. This evidence may include depositions, interrogations, and witness statements. If you can provide other evidence, like specific jobs performed and machinery used on the job, it would be valuable evidence for your attorney.
Depending on the evidence presented, the discovery period needed to uncover evidence and other factors, your lawsuit could take many months to over a year. You may be deposed (questioned) or put on the witness stand to be questioned in open court. Your lawyer will help you prepare for these situations.
How Much Will You Be Compensated?
Determining how much compensation you would receive if your mesothelioma wrongful death lawsuit is successful is a tricky task. The factors to determine compensation are unique to every case, and some states have restrictions on certain types of damages.
According to some reports, the average mesothelioma wrongful death lawsuit results in around $1 million when the case is settled out of court, and around $2 million when the suit is taken to court. However, these reports are usually given by attorneys who specialize in these kinds of cases, and may not accurately represent the truth.
Your attorney can provide you with more accurate expectations for your specific mesothelioma wrongful death lawsuit, including how much they will be asking for in compensation from the defendant.
[1] CDC WONDER Database, https://wonder.cdc.gov/ucd-icd10.html
The lawyers at Reaud, Morgan & Quinn are trial lawyers that have developed a long history of winning cases in the court room and on appeal for over 30 years. Some of the noteworthy case verdicts in asbestos litigation are below:
* $130,000,000 – Bell v. Dresser Industries
* $52,000,000 – Edwards v. Pittsburgh Corning
* $30,000,000 – Douglas v. North American Refractories Company
* $16,000,000 – Parsons v. Owens Corning
* $12,000,000 – Wrench v. Pittsburgh Corning
* $8,708,000 – Cimino v. Raymark
* See Verdicts & Settlements
Our asbestos legal team has worked tirelessly representing victims of mesothelioma and have the resources and experience to recover the maximum compensation you deserve. Call 1-800-765-5801 to schedule your confidential case review or contact us using the form on this page.
Mesothelioma Wrongful Death Statute of Limitations by State
| State | Wrongful Death Statute of Limitations (SOL) |
| Alabama | 2 Years after Death |
| Alaska | 2 Years after Death |
| Arizona | 2 Years after Death |
| Arkansas | 3 Years after Death |
| California | 1 Year after Death |
| Colorado | 2 Years after Death |
| Connecticut | 3 Years after Death |
| Delaware | 2 Years after Death |
| Florida | 2 Years after Death |
| Georgia | 2 Years after Death |
| Hawaii | 2 Years after Death |
| Idaho | 2 Years after Death |
| Illinois | 2 Years after Death |
| Indiana | 2 Years after Death |
| Iowa | 2 Years after Death |
| Kansas | 2 Years after Death |
| Kentucky | 1 Year after Death |
| Louisiana | 1 Year after Death |
| Maine | 2 Years after Death |
| Maryland | 3 Years after Death |
| Massachusetts | 3 Years after Death |
| Michigan | 3 Years after Death |
| Minnesota | 3 Years after Death |
| Mississippi | 3 Years after Death |
| Missouri | 3 Years after Death |
| Montana | 3 Years after Death |
| Nebraska | 2 Years after Death |
| Nevada | 2 Years after Death |
| New Hampshire | 3 Years after Death |
| New Jersey | 2 Years after Death |
| New Mexico | 3 Years after Death |
| New York | 2 Years after Death |
| North Carolina | 2 Years after Death |
| North Dakota | 2 Years after Death |
| Ohio | 2 Years after Death |
| Oklahoma | 2 Years after Death |
| Oregon | 3 Years after Death |
| Pennsylvania | 2 Years after Death |
| Rhode Island | 3 Years after Death |
| South Carolina | 3 Years after Death |
| South Dakota | 3 Years after Death |
| Tennessee | 1 Year after Death |
| Texas | 2 Years after Death |
| Utah | 2 Years after Death |
| Vermont | 2 Years after Death |
| Virginia | 2 Years after Death |
| Washington | 3 Years after Death |
| Washington, D.C. | 2 Years after Death |
| West Virginia | 2 Years after Death |
| Wisconsin | 3 Years after Death |
| Wyoming | 2 Years after Death |
