Legal Claims After Mesothelioma Death
If your spouse, parent, child, or other family member has died from mesothelioma, a deadly cancer caused by asbestos exposure, you have the legal right to pursue justice and compensation for their death. In Louisiana, families of deceased mesothelioma patients might be eligible to file wrongful death lawsuits, asbestos trust fund claims, or VA claims for compensation, depending on the circumstances of their loved one’s exposure.
Last Updated:
- May 16, 2025
Key Facts on Filing a Claim After Death
Types of Claims:
Wrongful death claims, asbestos trust fund claims, and VA claims
Eligible Claimants:
Spouse, children, parents, siblings, and more
Recoverable Damages:
Funeral and burial expenses, lost income, grief, emotional anguish, loss of companionship, and more
Deadline to File:
Two (2) years from the date of death in Louisiana
Types of Mesothelioma Claims After Death
Family members of people who died of mesothelioma may be able to pursue the following options for justice and compensation:
Wrongful Death Lawsuits – The heirs, often consisting of family members, of a person who has died from mesothelioma may be able to file a wrongful death lawsuit against the parties responsible for their loved one’s asbestos exposure. The defendants in these suits often are one or several asbestos product manufacturers.
Asbestos Trust Fund Claims – Many asbestos product manufacturers filed for bankruptcy protection in the face of mounting liability in asbestos-exposure litigation. As part of their bankruptcy proceedings, they established trust funds to compensate present and future asbestos-exposure victims and their families. These funds currently contain approximately $30 billion combined. Heirs of deceased asbestos-exposure victims might be entitled to file claims with multiple trusts, depending on the sources of the exposure.
VA Claims – Veterans who were exposed to asbestos during their military service and have developed asbestos-related illnesses may be able to seek VA disability benefits. These benefits include coverage for medical expenses, monthly compensation, and more. Family members of veterans who have died from service-connected mesothelioma might also be eligible for certain benefits from the VA.
Each method has different eligibility requirements and deadlines, and the processes can be difficult to navigate. An experienced mesothelioma lawyer can determine every possible avenue for compensation available to you and pursue the justice your family deserves for your loved one’s death.
Who Can File a Mesothelioma Death Claim?
Under Louisiana law, if a person dies due to someone else’s fault, the deceased person’s family can bring forth a lawsuit to recover damages caused by the death.[1] Surviving family members who may be able to file a wrongful death claim include the following:
- The surviving spouse or children of the deceased
- The surviving father and mother of the deceased, if there is no surviving spouse or children
- The surviving siblings of the deceased, if there are no surviving parents, spouse, or children
- The surviving grandparents of the deceased, if there are no other surviving family members
A Son's Story
"The earlier you can get in, the better."
My dad worked at a fertilizer plant in Convent, Louisiana, until his death. I’m not aware that my dad knew that he was being exposed to asbestos at the plant.
Compensation for a Mesothelioma Wrongful Death Lawsuit
Your family may be able to recover several types of compensation for your loved one’s wrongful death in a lawsuit, including economic and non-economic damages. Economic damages cover quantifiable financial losses caused by the death, such as funeral and burial costs, lost inheritance, lost wages, and medical expenses leading to the death. Non-economic damages compensate the family for the harder-to-quantify toll of the loss, such as loss of companionship, emotional distress, and the pain and suffering the deceased experienced before their death.
On average, mesothelioma wrongful death lawsuits result in settlements between $500,000 and $10 million without going to trial, depending on the circumstances of the case. All cases have their own facts that can affect the value. Jury trial verdict awards are often even higher.
Our sponsor, Baron & Budd, P.C., has achieved some of the largest verdicts of their kind for Louisiana families who have lost loved ones to mesothelioma, including this example:
ABRAM v. EPEC OIL CO., 2005-0626
(LA.APP. 4 CIR. 6/28/2006)
$2,500,000
One of the Largest Asbestos Verdicts for an Individual Client in Louisiana
Results vary and are not guaranteed.
Twelve million, fifteen million…twenty-five million dollars cannot fill the terrible hole created in the lives of hard-working families whose loved ones have suffered and died as a direct result of the callous disregard that asbestos corporations held for workers.
Trial attorney with our sponsor, Baron & Budd, P.C.
How Does a Claim Change if a Mesothelioma Claimant Dies?
If your loved one has been diagnosed with mesothelioma and has already begun the process of filing a mesothelioma lawsuit, you may worry that they will die before the resolution of their case. Fortunately, Louisiana law accounts for this, allowing the surviving loved ones of deceased mesothelioma patients to continue litigation in their place via a survival action.[2]
Deadline to File a Wrongful Death Claim
In Louisiana, families/heirs have two (2) years from the date of their loved one’s death from mesothelioma to file a wrongful death claim. This differs from the prescriptive period for other mesothelioma lawsuits involving living claimants, for which the statute of limitations is one (1) year from the date of diagnosis.
If the two-year anniversary of your loved one’s death has already passed, you may still have other options for pursuing compensation. For example, many asbestos trust funds have longer deadlines. An experienced mesothelioma lawyer can determine all your potential avenues for recovery, even if the prescriptive period for your specific claim has passed.
Contact Louisiana Mesothelioma Advocates
At Louisiana Mesothelioma Advocates, we’re dedicated to protecting the rights of everyday Louisianans and their families who have suffered from the devastating results of asbestos exposure. If you have lost a loved one to mesothelioma, it takes all the wind out of you–you may find it difficult to take any action. However, it’s important to act quickly and begin the legal process for your family’s sake.
Contact Louisiana Mesothelioma Advocates today—If you wish for us to do so, we’ll connect you with our sponsor, Baron & Budd, P.C., and provide all the resources your family needs to pursue compensation and healing.
Content Reviewed by
Todd Kale
Todd Kale meets with mesothelioma patients and their families across Louisiana to investigate their asbestos exposure, providing compassionate support and guidance during a difficult time.