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In Case of a Wrongful Death, What Kind of Damages Can Asbestos Compensation Cover?

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The compensation which results from a wrongful death lawsuit will cover the damages experienced by the injured person throughout their life, as well as the damages which affect their family.

answered by Mark L. Rowe

For the families who have lost a loved one to asbestos illness, financial compensation may be useful in a difficult time

The spouses, children, parents and siblings of asbestos victims who passed away are eligible for financial compensation. By filing a wrongful death lawsuit, the family members of a person whose life was claimed by mesothelioma, asbestosis or lung cancer can recover compensation from the responsible company. Following this legal action, both the damages experienced by the injured individual and those concerning their family will be covered.

The first type of damages, those which have affected the asbestos victim's life from the moment of their diagnosis until their last days, refer to:

  • projected lost income – the estimated amount of money the injured individual would have earned until retirement
  • the cost of medical care and treatment for their asbestos-related disease
  • funeral expenses

The damages affecting the deceased's family include:

  • loss of future services, care or assistance the asbestos victims would have provided
  • loss of companionship, comfort and guidance (also known as "loss of consortium")

If you lost a family member to mesothelioma or lung cancer, we highly encourage you to file a wrongful death lawsuit. Our lawyers are specializing in asbestos litigation, having successfully recovered over $1.4 billion for asbestos victims and their families. Please contact us at (205) 328-9200 and we will promptly evaluate your case and answer all your questions.

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Every asbestos case is unique and there are numerous factors which might influence the waiting time. Generally, asbestos claims will result in financial compensation within several months.

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Secondary exposure occurs when a person is not in direct contact with a source of asbestos. It is equally dangerous as occupational asbestos exposure and can be either domestic or environmental.

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The statute of limitations refers to the amount of time you have to file an asbestos claim after diagnosis. It varies between one and six years, depending on the state you live in.

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Trust transparency laws have been enforced by some U.S. states to protect the legal system from fraud and abuse. Some argue that these laws make the process of recovering compensation more difficult for asbestos victims.

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While inhaling asbestos fibers from old building materials can be as dangerous as occupational exposure, asbestos trust funds provide compensation mostly to former employees.

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If multiple companies are at fault for your injury, you can file a claim with the asbestos trust funds of those which are under bankruptcy protection, as well as a lawsuit against those which are not.

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No. Companies with asbestos trust funds are under bankruptcy protection, which means they are immune to lawsuits. However, you can recover compensation from their asbestos trust fund.

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As diseases which occur as a result of asbestos exposure take decades to ensue, recalling the exact circumstances is rarely easy. Working with a lawyer specialized in asbestos cases is instrumental.

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Yes. If the company at fault for your asbestos exposure went out of business, you can still take legal action. However, recovering the compensation you deserve might be problematic.

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The victims of secondary asbestos exposure are also eligible for compensation. Although the legal process is more challenging, a lawyer specializing in asbestos cases will be able to help you greatly.

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