For individuals who have lost a loved one to mesothelioma, grief and worries about the future often go hand-in-hand. Nothing can make up for the pain of losing someone you love, but filing a mesothelioma wrongful death lawsuit can help to ease your financial burden, allowing you to focus on your family.
Call Sieben Polk P.A. at 651-437-3148 or reach out online for personalized advice.

Key Takeaways
  • You may be eligible to file a wrongful death lawsuit if you have a close family member who passed away from mesothelioma.
  • The typical basis for these lawsuits is exposure to asbestos, a naturally occurring mineral that was once widely used in industrial applications.
  • Asbestos fibers settle in the lungs, often leading to cancer and other serious illnesses.
  • To discuss your options and learn whether you may have a case, contact an experienced Minnesota mesothelioma attorney.

What Is a Mesothelioma Wrongful Death Lawsuit?

A mesothelioma wrongful death lawsuit holds the responsible party accountable for the death of a loved one due to an asbestos-related illness. If your immediate family member has passed away from mesothelioma, you may qualify for compensation.

The Cause of Mesothelioma: Asbestos Exposure

Mesothelioma is most commonly caused by exposure to asbestos, a naturally occurring mineral. Asbestos was widely used in industrial materials until its health risks became known. When disturbed, asbestos fibers are released into the air. If inhaled, these fibers can remain in the lungs for years, eventually causing diseases like mesothelioma.

High-Risk Workplaces and Occupations for Asbestos Exposure

The majority of asbestos exposure occurs in high-risk workplaces. These include power plants, manufacturing centers, and construction sites, especially in areas like the Upper Midwest. Many workers in these industries have been exposed to asbestos fibers. Military personnel are also at a higher risk due to asbestos use in ships and other military facilities.

Secondary Asbestos Exposure: Family Members at Risk

In addition to direct exposure, secondary asbestos exposure can occur through contact with fibers carried home on workers’ hair, skin, or clothing. This has led to mesothelioma and other diseases in family members of those who worked in high-risk environments.

Why File a Mesothelioma Wrongful Death Claim?

Filing a mesothelioma wrongful death claim is an important way to seek justice for a loved one who has passed due to asbestos exposure. This legal action holds the responsible parties accountable for their negligence.

The Role of Experienced Attorneys in Mesothelioma Cases

Working with attorneys who specialize in mesothelioma cases is crucial. These professionals understand the intricacies of asbestos-related illnesses and can help demonstrate the connection between asbestos exposure and the mesothelioma diagnosis, which is essential for winning a claim.

Holding Companies Accountable for Asbestos Exposure

The first step in a wrongful death claim is establishing that your loved one’s illness was caused by asbestos exposure. Holding companies accountable for their role in exposing workers and others to asbestos is part of the justice process.

Types of Compensation in a Mesothelioma Wrongful Death Lawsuit

A mesothelioma wrongful death lawsuit provides compensation to help families manage financial burdens. These damages can include:

  • Pain and suffering experienced by the deceased
  • Medical bills related to the diagnosis and treatment
  • Funeral costs
  • Lost income if the deceased was a primary income earner
  • Other related expenses

Who Is Eligible for Compensation in a Mesothelioma Wrongful Death Lawsuit?

Eligibility for compensation in a mesothelioma wrongful death lawsuit depends on several factors, including state laws and the cause of death. In Minnesota, a surviving spouse or next of kin can file the lawsuit, but they must appoint a trustee if required by the court.

Requirements for Filing in Minnesota

To be eligible for a wrongful death claim in Minnesota, your loved one must have passed away from mesothelioma or another asbestos-related illness. The lawsuit must be filed within the state’s statute of limitations, which is typically three years from the date of death.

Statute of Limitations and Key Dates

The statute of limitations for wrongful death lawsuits in Minnesota requires filing within three years of the death. However, you must also file within six years of the negligent action that caused the death, which is typically the date of asbestos exposure. The timeline often begins on the diagnosis date, as the diagnosis is considered legal proof of injury.

Statute of Limitations Variations by State

Each state has its own statute of limitations, and the deadline may differ from Minnesota’s. Missing the deadline generally means losing the right to file a lawsuit. If you are unsure of the timeline or your eligibility, contacting an experienced attorney is essential.

How To File a Mesothelioma Wrongful Death Lawsuit in 2025

Pursuing mesothelioma compensation in the Upper Midwest begins with contacting an experienced mesothelioma lawyer. During a free consultation, the lawyer will review your case and explain your options for moving forward with a claim.

Step 1: Identifying Liable Parties

The first step in a mesothelioma wrongful death lawsuit is to identify the liable parties. Your attorney will review your loved one’s history of asbestos exposure to determine which companies or individuals are responsible for the exposure.

Step 2: Gathering Evidence

Next, the legal team will gather crucial evidence to support the claim. This includes reviewing medical records to understand the illness and its financial implications. In addition, the team will leverage local knowledge of the Upper Midwest's asbestos landscape to collect evidence of exposure.

Step 3: Valuing Your Case

Once evidence is gathered, your attorney will calculate both the economic and non-economic damages related to your loved one's mesothelioma. This includes evaluating medical bills, lost income, funeral costs, and pain and suffering, which helps determine a fair claim amount.

Step 4: Negotiating a Settlement

The next step is typically to send a demand letter to the at-fault party, outlining the compensation amount you seek. The at-fault party can either accept or counter the terms, initiating the negotiation process. Throughout negotiations, your lawyer will safeguard your rights and push for a fair settlement.

Step 5: Going to Court if Necessary

If settlement negotiations are unsuccessful, your case may proceed to court. Going to trial can take longer, but it can lead to higher damages than a settlement. Your lawyer will guide you through this process if a fair settlement cannot be reached.

Role of a Trustee in Minnesota

In Minnesota, the trustee handles the legal paperwork and agreements in wrongful death cases. This process ensures that the family’s rights are protected and that legal actions are appropriately filed within the statute of limitations.

Our Track Record: Successful Mesothelioma Wrongful Death Settlements in Minnesota

To date, our Minnesota attorneys have recovered over $840 million in wrongful death and personal injury compensation for mesothelioma patients and their families. Some of the notable settlements and verdicts include:

Notable Mesothelioma Settlements and Verdicts

Get a Consultation: Understand the Value of Your Claim

Each case is unique. For an accurate understanding of the potential value of your claim, consult with a qualified attorney who can assess your situation and provide expert guidance on the next steps.

Our Award-Winning Asbestos and Mesothelioma Attorneys

At Sieben Polk, P.A., we are committed to serving mesothelioma victims and their families across the Upper Midwest, including Minnesota, North Dakota, and Wisconsin. Our Minnesota-based attorney team draws on 200 years of combined legal experience and is committed to being your first-choice mesothelioma law firm.

Whether you’re looking to learn more about mesothelioma or discuss a potential claim, immediate help is available. Call 651-437-3148 or contact us online today to speak with a mesothelioma lawyer.

Mesothelioma Lawsuit FAQs

Pursuing legal action can feel overwhelming, and we’re dedicated to demystifying the process. Here are a few of our most frequently asked questions about asbestos wrongful death lawsuits.

If you are the surviving spouse or next of kin of a mesothelioma patient, you may be eligible to file a wrongful death lawsuit. Talk to one of our local attorneys to learn more.

Minnesota claimants must appoint a trustee to file the lawsuit and serve as their representative through the process. That trustee is responsible for recovering any awarded damages and distributing them. Only the surviving spouse and next of kin may benefit.

Under Minnesota law, eligible family members may file a wrongful death lawsuit up to three years from the date of death, but no later than six years after the incident that caused the person’s passing. Diagnosis is the most common incident in mesothelioma cases, as it indicates measurable harm from exposure.

No, you will not have to travel to work with us. We understand your challenges as a grieving family member, and we will meet you at a location that works for you. That may be your home, a family member’s address, or somewhere else you feel comfortable.

Simpler mesothelioma lawsuits can often be resolved within a few months. More complicated cases can take a year or longer, particularly if the case goes to court. The exact timeline will depend on the circumstances of your case.

The connection between asbestos and mesothelioma is well established in the scientific community. If you or your loved one has a mesothelioma diagnosis, the link to asbestos is typically understood. Your task will be to prove your asbestos exposure and confirm your mesothelioma diagnosis.

An attorney can help you with this process. Our experienced mesothelioma lawyers know the asbestos landscape of the Upper Midwest and can help you identify the source of your exposure if you don’t know it already. We can also help you gather medical evidence and build your case.

Experts have found that mesothelioma takes 20 to 50 years to develop following asbestos exposure. The exact time frame in each case depends on the level of exposure and the type of asbestos involved. The lengthy latency period can make identifying the exposure source difficult, but our experienced local attorneys can help.

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