Asbestos Claims After Death

If you lost a loved one to an asbestos-related disease like mesothelioma, you may be eligible to pursue financial compensation on their behalf through an asbestos claim after death.

At Sokolove Law, we have over 40 years of experience helping asbestos exposure victims and their families fight for justice — including successful wrongful death claims against the asbestos-related companies that may be responsible for your loved one’s illness.

Call (800) 995-1212 now for a free case review. Our team is standing by 24/7 to discuss all of the options available to you.

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What Is an Asbestos Claim After Death?

Asbestos claims after death are legal claims that can be filed by a family member on behalf of a loved one who passed away as a result of an asbestos-related disease.

An older woman holds her head in her handAsbestos claims also help ensure that the manufacturers of asbestos-containing products are held responsible for their negligence. These claims allow everyday people to fight back against the corporations that we now know are responsible for thousands of deaths in the United States each year.

Asbestos claims after death may include: 

  • Asbestos trust fund claims
  • VA benefits for families of veterans
  • Wrongful death lawsuits

Compensation received from an asbestos claim after death can help cover the costs of a person’s funeral, remaining medical bills, or any other expenses related to their death.

While mesothelioma compensation cannot bring back a victim of asbestos exposure, it can help alleviate some of the financial strain that comes with grieving the loss of a loved one.

At Sokolove Law, our experienced mesothelioma lawyers can work with you to gather the information and documents necessary to hold asbestos companies accountable for the pain they caused your family.

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Contact us today to learn more about your legal options — for free. Take the first steps toward justice now.

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Who Can File Asbestos Claims After Death?

You may be eligible to file an asbestos claim after the death of your loved one if you’re a close family member or personal representative of the deceased.

Filing an asbestos wrongful death claim may be an option for the:

  • Spouse or partner of the deceased
  • Children of the deceased, including adopted and stepchildren
  • Parents, grandparents, or legal guardians of the deceased
  • Representative of the deceased’s estate

We can determine your eligibility for a wrongful death lawsuit through a free legal case review.

Call (800) 995-1212 now to speak with a member of our team.

How to Pursue a Mesothelioma Settlement After Death

When you work with Sokolove Law, we strive to make filing an asbestos claim after death as stress-free as possible.

If you have a case, your mesothelioma legal team can handle every step of the process for you.

1. Contact Sokolove Law

At Sokolove Law, our team can provide you with a free legal consultation to determine if you may be eligible to file a claim.

During your consultation, we'll ask you questions about your loved one’s life and work history to determine how they were exposed to asbestos.

We know how quickly funeral and medical bills can pile up. That’s why members of our team are available 24/7, so you can begin the asbestos claims process as soon as possible.

2. Collect Evidence to Support Your Claim

Asbestos exposure can take place 20-50 years before a mesothelioma diagnosis, which can make identifying the manufacturer of the asbestos-containing products your loved one was exposed to difficult.

Thankfully, Sokolove Law has decades of experience working on mesothelioma cases and databases of evidence on:

Let us put our knowledge to work for you. We can identify the manufacturers responsible for your loved one’s exposure and build a strong legal case on your behalf.

3. File a Mesothelioma Claim After Death

When you work with Sokolove Law, we’ll pursue mesothelioma compensation through all of the avenues available to you in order to maximize the amount of money you receive.

We can also make sure that all necessary paperwork is filed within the statute of limitations or state deadlines on taking legal action.

By handling the legal process for our clients, we hope to provide you with time to focus on your loved ones while navigating life after loss.

4. Negotiate an Asbestos Settlement

Your asbestos attorney will work to negotiate an asbestos wrongful death settlement with the defendants on your behalf.

The overwhelming majority of cases end in a settlement. However, if your claim isn’t settled, your asbestos lawyer is prepared to go to trial and present your case before a judge and jury until a verdict is reached.

Our Past Asbestos Compensation After Death Amounts

While there's never a guarantee of success in any case, our asbestos attorneys always fight for the highest amount of compensation possible for our clients.

Some of our past mesothelioma settlements and verdicts after death include:

  • $9.3 Million for the family of a U.S. Navy veteran
  • $5.3 Million for the family of a mechanic and forklift operator
  • $4 Million for the family of a boiler worker in California
  • $3 Million for the family of a U.S. Army veteran and union electrician

Asbestos settlement amounts will vary based on the facts and circumstances surrounding each individual case.

Billions Recovered Nationwide

At Sokolove Law, we’ve recovered over $5 Billion for thousands of mesothelioma patients and their families nationwide. Let us get you the results you deserve.

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Types of Asbestos Claims After Death

There are a few different types of claims you can file after a loved one passes away from an asbestos-related disease. Depending on your situation, you may be able to pursue compensation through more than one avenue.

Asbestos Wrongful Death Lawsuits

Someone with an asbestos-related disease may be able to file a mesothelioma lawsuit against the companies responsible for their asbestos exposure.

However, if this person passes away due to their illness, their loved ones may be eligible to file a wrongful death asbestos lawsuit on their behalf.

These cases allow families to receive compensation for:

  • Funeral expenses
  • Lost income potential
  • Medical bills
  • The loss of their loved one
  • Pain and suffering
$1M - $1.4M

Average Mesothelioma Wrongful Death Settlement Amount

Compensation from an asbestos wrongful death lawsuit can either come in the form of a settlement or a trial verdict.

Asbestos Trust Fund Claims

As the dangers of asbestos became known to the public, many asbestos-related companies began filing for bankruptcy in an effort to avoid lawsuits. However, courts ordered these companies to create asbestos trust funds for victims of asbestos exposure.

$30 Billion

Estimated Amount in Asbestos Trust Funds

Trust fund claims can be filed from the comfort of your own home. Depending on the products that your loved one was exposed to, you may be able to get compensation from multiple trust funds.

The median payout from asbestos trust funds is between $300,000 and $400,000.

VA Claims

Up until the 1980s, asbestos could be found throughout all U.S. military bases. As a result, approximately 33% of all mesothelioma cases involve U.S. military veterans.

If your loved one passed away after being exposed to asbestos while working in the military, the U.S. Department of Veterans Affairs may provide you with compensation through a VA claim for asbestos exposure.

VA benefits for the families of veterans can include:

  • Burial cost assistance
  • Dependency & indemnity compensation (DIC)
  • Survivors pension

At Sokolove Law, our VA-accredited attorneys can help you file your asbestos claim after the death of a loved one. Get started now by calling (800) 995-1212.

Determining Mesothelioma Compensation for Family Members

Asbestos wrongful death claims are notoriously complex, and there are various factors taken into account when determining mesothelioma compensation for family members.

Compensation from mesothelioma claims after death can be influenced by the:

  • Age at which your loved one passed away
  • Cost of medical and funeral expenses
  • Number of dependents your loved one had and their marital status
  • Type of claim(s) they qualify for compensation from
  • Different asbestos-containing products your loved one was exposed to

Our asbestos law firm has decades of experience and warehouses of evidence that can help improve your chances of a successful claim after the loss of a loved one.

Find out if you may be able to pursue compensation during a free case review.

Get Help Filing Asbestos Compensation Claims

Many asbestos companies knew that asbestos was dangerous, but they chose to put their profits over the health and well-being of their employees and clients. As a result, thousands of families have suffered.

At Sokolove Law, we understand how devastating these illnesses are, and we are determined to hold the companies responsible for harming your loved one accountable.

Learn how Sokolove Law stands out from other law firms:

  • Over 8,000 asbestos exposure cases handled
  • More than 40 years of experience
  • Billions recovered across all 50 states
  • No out-of-pocket or hourly fees

Let us simplify the asbestos claims process for you. Call Sokolove Law at (800) 995-1212 now to get a free case review.

Mesothelioma Lawsuit After Death FAQs

What are asbestos cancer claims?

An asbestos claim is legal action taken in pursuit of financial compensation after a person has been diagnosed with mesothelioma or another asbestos-related disease.

Asbestos claims may allow victims or their loved ones to access money through:

  • Wrongful death lawsuits
  • Asbestos trust fund claims
  • VA benefits

In some instances, people may qualify for several of these compensation options.

Can you still file an asbestos claim if your loved one dies?

Yes, possibly. If you’re an immediate family member or the representative of someone’s estate, you may be eligible to file a claim on their behalf after they've passed away.

Any financial compensation awarded through an asbestos claim after death can help pay for funeral and medical expenses, as well as other costs left to the deceased’s estate.

What is the statute of limitations on asbestos claims?

Each state has a set of laws known as the statute of limitations that determines the length of time you have to file an asbestos claim.

If this deadline passes, you won't be able to take legal action on behalf of yourself or your loved one.

Contact Sokolove Law now to learn more about your eligibility.

What is the average settlement amount for an asbestos wrongful death claim?

The average mesothelioma settlement is between $1 Million and $1.4 Million, though compensation amounts will vary based on the individual factors in each case.

Call (800) 995-1212 now to learn if you may qualify for compensation from an asbestos wrongful death claim.

How much does it cost to file asbestos wrongful death claims?

At Sokolove Law, our asbestos exposure lawyers don’t charge any upfront or hourly fees for our legal services.

Instead, we only get paid if your asbestos claim results in compensation.

Which type of asbestos claim can I file?

An experienced asbestos lawyer at Sokolove Law can help you determine which types of claims you may be able to file.

Certain factors will influence the types of asbestos claims applicable to your situation, including:

  • If they were exposed to different asbestos products throughout their lifetime
  • Whether the asbestos manufacturers responsible for their exposure are still in business or if the manufacturers have filed for bankruptcy
  • If your deceased loved one was a veteran

Fill out our contact form now for a free case review. Our team can help determine which options may be available to you based on the unique details of your situation.

Is mesothelioma the only disease you can file an asbestos claim after death for?

No. You can file an asbestos claim for other asbestos-related diseases, like lung cancer and asbestosis.

How do existing asbestos claims change after death?

If someone with an asbestos-related disease passes away after filing an asbestos claim, an estate representative will take over the claim. 

Any previously filed personal injury claim will then become an asbestos wrongful death claim.

Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: March 27, 2023

  1. U.S. Department of Veterans Affairs. “Office of Survivors Assistance.” Retrieved from: Accessed on March 14, 2023.
  2. U.S. Department of Veterans Affairs. “Veterans asbestos exposure.” Retrieved from: Accessed on March 14, 2023.