The loss of a loved one to mesothelioma or another asbestos-caused illness leaves families facing grief, unanswered questions, and often unexpected financial pressure. In the middle of that pain, legal decisions can feel overwhelming. Many families aren’t sure whether they should take action or where to begin.
Relatives have the legal right to pursue asbestos claims on their loved one’s behalf. Compensation helps ease the burdens left behind, from medical and end-of-life expenses to the loss of household income. Understanding the options available brings clarity at a time when everything feels uncertain, and with support from asbestos lawyers, families don’t have to navigate this process alone.
Who Is Eligible to File an Asbestos Claim After Death?
Speaking generally, close family members of the asbestos victim may file an asbestos civil lawsuit after a loved one dies from an asbestos-caused disease. In most if not all states, spouses, children, and parents of unmarried children may file. Some states let financial dependents, grandparents, and siblings file as well.
Missouri law provides a hierarchical system divided into three classes.
- Class One is the highest (spouse of the deceased, children or their lineal descendants – natural or adopted – of the deceased, and parents of the deceased). Any relative identified in this Class One may file for the loss of a loved one.
- If there are no Class One relatives, then and only then may those identified in Class Two file a wrongful death claim (siblings of the deceased, or their descendants – the deceased’s nieces and nephews).
- If nobody exists in either of these two Classes, then and only then may a plaintiff ad litem be appointed to pursue a claim on behalf of other relatives or legal heirs of the deceased.
It is important to note that eligibility for mesothelioma compensation can differ depending on the type of claim. For example, certain benefits through the United States Department of Veterans Affairs (VA) are limited to spouses and dependent children.
Legal Options Available to Families
Families may have several paths to compensation after a death due to mesothelioma, asbestos-caused lung cancer, or asbestosis. Depending on the circumstances, it may be possible to pursue more than just a civil lawsuit. Asbestos trust fund claims, veterans benefits claims, and workers’ compensation claims serve different purposes and follow their own rules. An asbestos attorney can help families explore their options and determine which apply to their situation.
Asbestos Trust Fund Claims
Many asbestos companies created trust funds via bankruptcy proceedings to pay current and future asbestos claims. Families may be eligible to file with more than one trust when multiple companies contributed to a loved one’s exposure. Trust fund payments vary based on the disease involved and the trust’s current payment structure.
Veterans Affairs Benefits
Veterans have high rates of asbestos diseases because asbestos use was widespread in the military in the twentieth century. Members of the Navy, Air Force, Army, and other branches were often exposed to asbestos while serving. The Department of Veterans Affairs (VA) offers several benefits programs to support families of veterans who passed away from asbestos illness.
Workers’ Compensation After Death
Families may be able to file a death benefit claim under a company’s workers’ compensation insurance policy when a loved one passes away from occupational asbestos exposure. Every state except Texas requires businesses to carry workers’ compensation insurance, though benefits vary by state, insurer, and policy.
Missouri has a unique compensation system for mesothelioma and asbestosis that provides enhanced benefits for eligible workers and their families. O’Brien Law Firm attorneys were instrumental in helping establish this system and have handled many of these enhanced benefit claims since the law took effect.
What Compensation Can Cover
Compensation from asbestos claims is meant to ease the financial strain left behind following a family member’s death. Wrongful death recoveries can cover end-of-life costs, loss of care and companionship, loss of household income, loss of prospect of inheritance, outstanding mesothelioma treatment costs, and pain and suffering.
How the Filing Process Works
The process begins with a free consultation. During this review, attorneys examine work history, medical records, and exposure details to determine the best course of action. Once hired, the legal team handles every aspect of the lawsuit or claim process, from document collection and claim preparation to filing and the trial or settlement of the suit.
Families are kept informed, but the heavy legal work is removed from their shoulders. The goal is to allow loved ones to focus on healing while professionals fight for the compensation they deserve.
Seek Guidance During a Difficult Time
After losing a loved one to an asbestos illness, families are left with difficult questions about what comes next. The legal side of that loss can feel unclear, especially when eligibility rules, filing options, and deadlines are involved.
That’s where the O’Brien Law Firm comes in. Since the firm’s founding in 2000, our attorneys have provided clear guidance and steady support to families navigating asbestos claims and lawsuits.
You don’t have to face the legal process alone. Reach out to the O’Brien Law Firm today for a free, confidential consultation. Our team is ready to guide you through every step and fight for the compensation you deserve.
