Who Can File a Mesothelioma Wrongful Death Lawsuit?

If you have lost someone from mesothelioma, we understand you may be facing many challenges, such as coping with grief, taking care of your family, or paying for medical bills and burial expenses.

You may have a legal right to seek justice for your loss and compensation for your pain. Filing a mesothelioma wrongful death lawsuit can help hold the people who knowingly caused your loved one’s asbestos-related disease accountable.

As a starting point in determining whether filing a wrongful death suit for mesothelioma is the right path for you and your family, answers to common questions are listed below.


  1. Who can file a mesothelioma wrongful death lawsuit?

All states allow immediate family members – spouses, parents and children (including adopted) – to file a wrongful death lawsuit. Only in some states, can distant family members such as siblings and grandparents file for wrongful death. Few states will also allow life partners or financial dependents to file a wrongful death lawsuit.

  1. When can I file a mesothelioma wrongful death lawsuit?

There are deadlines associated with filing a mesothelioma lawsuit after someone passes away. These deadlines, called ‘statute of limitations’, are established by state law, so the time allowed to file a wrongful death lawsuit varies by state. Statute of limitations can allow you anywhere from one to five years after death to file a lawsuit. Because of this, we urge you to check state laws and contact legal help as soon as possible. Our paralegals and lawyers are available to answer any questions you may have about filing, including questions about the statute of limitations in your state.

  1. What will I need for a mesothelioma wrongful death lawsuit?
  • Asbestos exposure. Our lawyers are equipped with the necessary resources to help you determine when and where the asbestos exposure occurred.
  • Significant evidence of damages. You must be able to prove that your loved one’s death has had a significant negative impact on you. Negative impact can be emotional or financial – loss of income, loss of services or assistance, or expenses for care and treatment.
  1. What is the process for filing a mesothelioma wrongful death lawsuit?

After contacting a mesothelioma lawyer, you can expect that he or she will perform extensive research and interviews to determine the best way for you and your loved ones to proceed. If it is determined filing a wrongful death lawsuit is the best plan of action, your lawyer will then help you file a claim. Often there are options for where your case may be filed.

Your attorney will work with you to determine the best place to file your lawsuit. We are able to file suits around the country. After filing, your lawyer will further investigate your family member’s personal, medical and work history in order to build the best case possible. Ultimately, your wrongful death claim may result in a trial or a settlement. If you go to trial, your lawyer will make sure you’re prepared to navigate the complex legal process.

Filing a wrongful death lawsuit for a family who has lost a loved one to mesothelioma can be a legal challenge. When a person dies from mesothelioma, all the first-hand information they knew about their workplace is often lost. This makes it very important to hire an attorney who has previous experience litigating mesothelioma wrongful death lawsuits.

Here at Simmons Hanly Conroy, our attorneys have been able to help hundreds of families who have lost a loved one. This is because we have decades of experience litigating these types of mesothelioma cases and a vast library of confidential corporate documents detailing asbestos use at companies around the country. More often than not, we are able to help fill in these missing knowledge gaps.

A recent case our asbestos attorneys handled was for a family who hired the firm more than a year after their father passed away from mesothelioma. He spent the 1970s and 1980s working as a maintenance supervisor at a chemical plant. The family’s legal team uncovered company records and conducted co-worker interviews which linked his mesothelioma diagnosis to asbestos-containing pumps and pipes he maintained at the plant. As a result, the team secured a significant settlement for the family a day before the case would have gone to trial.

I and other mesothelioma lawyers at the firm have dedicated our careers to helping people like you – people who have unfairly lost a loved one to an asbestos-related disease. We are available to listen to your situation and help you decide if filing a mesothelioma lawsuit after death is a good option for you and your family.

Simmons Hanly Conroy also offers a free mesothelioma information packet for families of mesothelioma victims, including information about filing a mesothelioma lawsuit after death, and a copy of On Grief & Grieving by Elisabeth KÜbler-Ross, M.D. and David Kessler.

Request your free Mesothelioma Information Packet now>>>

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The Simmons Hanly Conroy Editorial Team consists of journalists, writers and editors who strive to deliver accurate and useful information to families needing legal help. Our team works alongside the firm's attorneys and partners, as well as with medical professionals and other specialists, to keep all information relevant and helpful.