Asbestos is the cause of death for an estimated 12,000–15,000 people per year in the US, according to Asbestos Nation.
And sadly, the cases increased by 4% in the first half of 2025 compared to the previous year.
Diseases from asbestos exposure could have been prevented with proper safety measures and warnings.
And that makes losing a loved one to this preventable illness more devastating.
In such cases, seeking justice would be the first response of surviving family members.
They can file a wrongful death claim to hold negligent companies accountable.
But what can the family claim after the death of a loved one? And how can they pursue the support they deserve during an incredibly difficult time? Read more!
Understanding Wrongful Death Claims in Asbestos Cases
If your beloved has passed away from an asbestos-related disease, the aggravating option of taking wrongful death claims may be placed in your hands.
It is a heavy responsibility to bear, but you will not be alone in this path.
These ranges of cases allow pursuit of justice, holding negligent parties to account as they compensate for a loss.
This includes medical costs, wage loss due to mourning, and even your pain and suffering.
The experience could be overwhelming at first. But it can also provide closure so you can mourn properly.
Such cases are valuable avenues for support that introduce you to others who may strengthen and advise you through their own similar journeys.
Remember, there is support available for you in this challenging journey—you are the community that can understand your pain.
Family law attorney Nicole Umemoto-Snyder advises allowing a trained legal professional with years of experience and a deep understanding of the law and the family court system to represent your case and interests.
Eligibility Criteria for Filing a Claim
Most eligibility criteria must be satisfied for a wrongful death claim to be viable in an asbestos case.
An immediate family member of the deceased, such as the spouse, child, or parent, initiates the claim.
There must be proof of a special cause of death for the person after undergoing exposure to asbestos, which in most cases ends with medical reports and expert opinion on whether asbestos exposure can be credibly linked to such an illness.
The claimant, therefore, must prove that they failed in this part of their contractual duty to provide a safe workplace for the claimant.
The claim must further be filed within the statute of limitations, which differs according to each state.
You may get the justice and compensation owed to the deceased by learning these requirements and when to consult a lawyer.
The Legal Process: Steps to Take
An asbestos-type wrongful death act lawsuit is extremely difficult to bring to the court. Knowing the necessary steps can give one the feeling that the procedure is fairly manageable.
Gather all documents pertaining to the wrongful death claim, medical records, and evidence of exposure to asbestos.
Then, very importantly, engage a lawyer highly experienced in asbestos claims because he or she will be able to take you step by step through the finer points of the law and will assist you in constructing your best case.
Next will be the actual filing of the claim with the proper court.
There will be discoveries, negotiations for settlement, or trials to attend.
Then, be close to your lawyer for updates and further assistance.
The process may be intimidating.
More so when you are in the middle of grief due to the loss. But remember, you can find resources and support groups that can help.
Types of Compensation Available
Knowing what compensation is involved in an asbestos wrongful death can really affect how you make decisions.
You might be able to get compensation for all kinds of things, including medical expenses incurred before death, burial expenses, and any income the deceased would have earned.
Compensatory damages are given for pain and suffering sustained by family members and for loss of association.
Punitive damages are potentially awarded in the gross-negligence-type cases.
But more than compensation, the justice you are fighting for could bring honor to the victim by holding those guilty accountable.
So you can be confident to fight for and support your loved ones during this time of need.
Choosing the Right Legal Representation
Choosing a lawyer in Arizona to consult on a wrongful death claim involving asbestos exposure must involve scrutiny of the length and nature of his expertise.
You want someone who understands the adversity that transit crimes encounter and has, let me add, won quite a few.”
Make sure your attorney can also be your partner in the trying circumstances during this time.
Open communication with your lawyer is the essence of building a relationship in which you feel like you are on the same team.
Ask them about their cases and their results.
It is not only about the technical legal skills; it is about a person committed to your case that will passionately fight for the justice you and your family deserve.
