Suing for Mesothelioma After Death (Family Member Compensation)

Grieving family dealing with loss after mesothelioma diagnosis.

Suing for mesothelioma after a death can be an emotional and overwhelming process, especially when your loved one’s illness was caused by preventable asbestos exposure. If your spouse, parent, or close family member has died from mesothelioma, you may be entitled to take legal action. 

Texas law allows eligible relatives to pursue compensation through a mesothelioma wrongful death lawsuit, offering a path toward justice, accountability, and financial recovery. These lawsuits can help cover medical bills, funeral costs, and the loss of income or companionship, supporting families who are left to cope with the aftermath of an avoidable tragedy.

What Is a Mesothelioma Wrongful Death Lawsuit?

Legal documents and gavel symbolizing wrongful death lawsuits.

A mesothelioma wrongful death lawsuit is a legal action filed by surviving family members against the parties responsible for exposing the deceased to asbestos. These lawsuits seek damages for:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Loss of companionship and financial support
  • Pain and suffering

In Texas, spouses, children, and in some cases parents can file a mesothelioma claim after death. The claim may be part of a broader asbestos trust fund payout or a lawsuit against negligent manufacturers or employers.

Who Can File a Wrongful Death Lawsuit in Texas?

Only certain individuals can file a wrongful death claim. In Texas, eligible parties typically include:

  • The surviving spouse
  • Children of the deceased (biological or legally adopted)
  • Parents of the deceased

In some cases, an estate representative may file on behalf of all beneficiaries. If you’re unsure whether you qualify, a mesothelioma attorney can review your situation and guide your next steps.

Filing Deadline for a Mesothelioma Wrongful Death Claim

The statute of limitations on an asbestos claim in Texas is typically two years from the date of death. However, timing can vary depending on specific circumstances and case details. Delaying legal action may jeopardize your ability to receive compensation, especially if critical medical or employment records become harder to obtain over time. Promptly consulting a mesothelioma attorney ensures you meet all deadlines and preserve your legal rights to pursue justice and financial support for your family’s loss.

Timeline for a Mesothelioma Wrongful Death Lawsuit

The length of time it takes to resolve a claim can vary widely. Some asbestos claims after death settle within a few months, especially if trust funds are involved. However, if the case goes to court, it may take a year or longer. Texas courts may expedite cases involving terminal illness or posthumous claims due to the seriousness of the situation.

“There is no safe level of asbestos exposure. Even brief exposures can cause mesothelioma years later.”
American Cancer Society

Mesothelioma Death Compensation Options

Texas mesothelioma attorney supporting grieving family.

Family members who pursue a mesothelioma compensation case may receive compensation that covers:

  • Past and future lost income
  • Medical and hospice expenses
  • Emotional distress
  • Loss of consortium

Asbestos wrongful death settlement amounts vary depending on the exposure history, severity of illness, and the strength of evidence. Some families have received millions of dollars in settlements and verdicts for wrongful death cases related to occupational asbestos exposure.

Wrongful Death Settlement Examples from Our Firm

Our attorneys have helped Texas families secure significant compensation, including:

  • $4.5 million for the family of a Navy veteran exposed to asbestos on ships
  • $3.2 million for the wife and children of a refinery worker
  • $2.7 million settlement for the estate of a former power plant employee

If your loved one worked in a blue-collar job, served in the military, or had a known history of asbestos exposure, you may be entitled to file a Texas mesothelioma wrongful death lawsuit.

Top-Rated Mesothelioma Lawyers in Texas

Pursuing justice after losing a loved one isn’t easy. You need compassionate, experienced legal advocates who understand Texas mesothelioma laws and can guide you through every step of the claims process. At Danziger & De Llano, LLP, we’re committed to helping families affected by asbestos exposure find answers, hold negligent companies accountable, and secure the compensation they deserve. If you’re considering suing for mesothelioma after a death, we are here to stand by your side with the experience, resources, and dedication your case requires.

Stat: According to the CDC, more than 45,000 Americans died from mesothelioma between 1999 and 2015, with Texas ranking among the top states for asbestos-related deaths.

Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.