Asbestos Wrongful Death Lawsuits

In 1924, Nellie Kershaw became the first person known to die from asbestosis. A textile worker in England, Nellie began spinning asbestos threads at just twelve years old. Her job exposed her daily to clouds of crocidolite asbestos—one of the most dangerous forms to breathe. By the time she was 33, Nellie was dead.What made her death even more tragic was what followed: nothing. Her employer, Turner & Newall, denied any responsibility and refused to pay for her care or funeral. She died young, sick, and penniless—while the company that profited from her labor faced no legal consequences.

Learn more about Nellie's story.

For nearly fifty years, that was the norm. Asbestos companies made billions while workers like Nellie were left to suffer and die in silence. But in 1969, that began to change—thanks to a man named Clarence Borel.

Borel was an insulation worker along the Gulf Coast—someone who spent decades inside shipyards, refineries, and chemical plants, cutting and installing asbestos insulation by hand. He worked with products like Kaylo, Thermobestos, and Unibestos, breathing asbestos dust day after day, year after year.

That year, Clarence was diagnosed with asbestosis, a serious and irreversible lung disease caused by asbestos exposure. His health declined rapidly. He grew weaker and spent most of his time on the couch, struggling to breathe. His asbestosis was so severe that he would eventually have one of his lungs removed. Although he did file a workers' compensation claim, Clarence didn't want to sue anyone.

Grandpa was against suing; he did not believe in suing. Not just in this case, but in general. So, what changed his mind? He did so because of his co-workers. He realized that they were going to go through the same struggles as he did, and there were little, if any, reparations for the harm they suffered. For this reason, Grandpa decided to move forward with a law suit.
As told by Bridget Bersin, Clarence's granddaughter.

With the help of attorney Ward Stephenson, Clarence filed suit in October 1969. The case was called Borel v. Fibreboard Paper Products Corporation. Tragically, Clarence passed away from mesothelioma in 1970—before the trial concluded. But in 1971, the Fifth Circuit ruled in his favor. The court found that asbestos manufacturers had a duty to warn and could be held accountable for the deaths caused by their products.

For the first time, the asbestos industry was forced to answer for the lives it had destroyed. Thanks to Clarence Borel, families today can file wrongful death lawsuits when a loved one is taken by mesothelioma, lung cancer, or asbestosis. That’s exactly what Clarence wanted: not just justice for himself, but for every worker who came after him.

Learn more about Clarence Borel and his landmark case.

What Is a Wrongful Death Lawsuit in an Asbestos Case?

A wrongful death lawsuit allows surviving family members to seek justice when a loved one dies from an asbestos-related illness such as mesothelioma, lung cancer, or asbestosis. These lawsuits not only hold companies accountable for allowing dangerous exposures—they also provide vital financial support to families left behind.

What Can Families Recover?

Wrongful death lawsuits can include compensation for both financial and emotional losses. Common damages include:

Medical Bills Incurred Before Death

Covers the cost of treatment the individual received before passing, such as surgery, chemotherapy, and hospice care.

Example: James, a former refinery worker, developed mesothelioma. His family incurred over $200,000 in medical expenses before he passed away.

Funeral and Burial Expenses

Provides reimbursement for funeral, cremation, burial, and memorial services.

Example: James’s family spent $15,000 on his funeral and burial—an unexpected and heavy financial burden.

Loss of Financial Support

Compensates for the income and benefits the deceased would have contributed to their household.

Example: As the family’s primary earner, James contributed $75,000 per year. His death left his wife and children struggling to make ends meet.

Loss of Companionship and Parental Care

Addresses the emotional and relational losses suffered by surviving family members.

Example: James’s two children, ages 12 and 15, lost their father’s support and guidance. His wife lost the companionship and shared life they had built together.

Emotional Distress of Family Members

Covers the grief, anxiety, and depression family members suffer as a result of the loss.

Example: James’s wife and children sought counseling for depression and PTSD after his diagnosis and passing.

Why These Lawsuits Matter

Justice for Families

Asbestos diseases cause immense physical suffering and financial hardship. Many victims were never warned about the dangers they faced at work or while handling asbestos products. Wrongful death lawsuits give families a way to hold negligent companies responsible—and to receive the support they need to rebuild.

Accountability for Companies

For decades, companies like Johns-Manville knew asbestos was deadly—and chose profit over people. Internal documents show these companies actively hid the risks from workers and the public. Wrongful death lawsuits force them to face the consequences.

These lawsuits also serve as a deterrent. Because of them, we’ve seen tougher safety regulations, greater public awareness, and a long-overdue shift in how companies treat occupational health risks.

Fair Allocation of Costs

Too often, the financial burden of an asbestos death falls on grieving families—while the companies responsible walk away untouched.

But here’s the truth: Most asbestos companies had insurance policies specifically designed to pay for these claims. These funds were set aside to compensate families harmed by asbestos. Filing a lawsuit doesn’t strain a company—it simply activates the resources already earmarked to make things right.

Wrongful death lawsuits make sure the right party pays—not the family, not the taxpayer, but the corporations and insurers who are legally and morally responsible.

Leaving A Legacy of Protection for Future Generations

Some people hesitate to file a lawsuit—not because they don’t have a case, but because they were raised to believe that suing is wrong, or even selfish. Clarence Borel felt that way too. He didn’t want to sue anyone. But he realized something deeper: if he didn’t speak up, others would keep getting hurt.

When Clarence finally agreed to file his lawsuit, it wasn’t for him. It was for his coworkers, for future workers, for the men and women who would breathe that same dust. And his case changed the world. Even today—over 50 years later—his deposition testimony is still being used to prove what asbestos products were present at specific refineries. That’s the power of taking a stand: one voice can help thousands.

A few years ago, we started representing a man who lived just down the street from Clarence Borel. He also worked at many of the same refineries Clarence did - but in the 1970's instead of the 1940's. We were able to use Clarence’s own deposition to prove that our client had been exposed to the very same asbestos insulation Clarence and his crew installed three decades earlier. Clarence's choice to take a stand is still protecting people over fifty years after he died.

When you file a wrongful death lawsuit, you’re not just fighting for compensation. You’re creating a record. You’re naming the companies that caused harm. You’re putting pressure on the system to change. And you’re making it easier for future families to get justice.

That’s not selfish. It’s a way to turn pain into purpose—helping other hurting families just like Clarence did.

You Don’t Have to Go Through This Alone

If you’ve lost a loved one to an asbestos-related illness, we’re here to help. Our experienced attorneys will handle every aspect of your wrongful death case—from gathering records to calculating losses—so you can focus on healing.

Who Can File a Wrongful Death Lawsuit?

Wrongful death lawsuits allow surviving family members to seek compensation when a loved one dies from an asbestos-related illness. But who can file—and how the case is handled—depends on the laws of your state.

Here’s a general overview of who may be eligible:

Spouses - Can Always Sue

Surviving spouses usually have top priority, as they are directly impacted emotionally and financially by the loss of their partner.

Children - Can Always Sue

Biological and adopted children—including adult children—can often file for the loss of parental guidance, financial support, and emotional companionship.

Parents - Can Sometimes Sue

If the deceased was unmarried and had no children, parents may be eligible to file a wrongful death claim in some states.

Other Dependents or Heirs - No Consistent Rule

Siblings, grandchildren, or other heirs may qualify in certain states—especially if they were financially dependent on the deceased or named in a will.

How the Estate May Be Involved

In many states, the lawsuit must be filed by the estate, not by individual family members. This means a court-appointed representative—such as an executor or administrator—acts on behalf of the family.

Example: In a state requiring estate filing, John’s wife and children are the beneficiaries, but the lawsuit is formally brought by the executor of John’s estate. Any compensation is distributed according to state law or John’s will.

Why State Laws Matter

Wrongful death laws vary significantly from state to state. Who can file, who receives compensation, and even what damages are available can change depending on where the claim is filed.

That’s why it’s critical to work with an experienced asbestos attorney who understands the laws in your state.

Our firm handles wrongful death cases nationwide. We’ll make sure your claim is filed correctly, every eligible party is included, and your family’s rights are fully protected.

What Compensation Is Available in a Wrongful Death Lawsuit?

Wrongful death lawsuits seek to compensate families for the financial and emotional losses caused by the asbestos-related death of a loved one. These damages address both tangible costs and the more personal, irreplaceable impact of that loss.

Economic Damages

These cover measurable financial losses related to the illness and death of your loved one. Common economic damages include:

Medical Expenses: Costs for treatment received before death, such as surgery, chemotherapy, hospital stays, and hospice care.
Funeral and Burial Costs: The cost of memorial services, burial, cremation, or other arrangements.
Loss of Financial Support: Compensation for the income, benefits, and services the deceased would have provided.

Example: Susan’s father passed away from mesothelioma after decades of shipyard work. His treatments cost over $150,000, and the funeral cost another $10,000. He had also promised to help pay for Susan’s college tuition. The lawsuit recovered all of these financial losses.

Noneconomic Damages

These damages compensate for the emotional and relational losses that come with losing a loved one.

Loss of Companionship: The emotional pain of losing a spouse or partner.
Loss of Parental Guidance: Compensation for children who lost a parent’s support, care, and advice.
Emotional Distress: Grief, anxiety, depression, and the long-term psychological impact of the loss.

Example: Susan also received compensation for the profound emotional pain of losing her father during her formative college years—along with the loss of his daily presence and guidance.

Survival Damages

These damages cover what the victim experienced between diagnosis and death—pain and suffering, lost wages, and other harms. These are awarded to the estate and then distributed to the beneficiaries.

Example: Before passing away, Susan’s father endured months of intense suffering and lost significant income while battling mesothelioma. His estate received survival damages to reflect that period of pain, lost wages, and diminished quality of life.

Punitive Damages

When a company’s conduct is especially reckless—such as knowingly hiding asbestos risks—punitive damages may be awarded to punish that behavior and deter others.

Example: Internal memos showed that Susan’s father’s employer had known about the dangers of asbestos since the 1950s—but never warned workers. The court awarded punitive damages, sending a clear message that this kind of negligence will not go unpunished.

Let Us Help Your Family Seek Justice

If you’ve lost someone you love to an asbestos-related illness, you don’t have to face the legal system alone. Our attorneys understand the emotional toll these cases take—and we know how to build a case that honors your loved one’s life and holds the responsible companies accountable.

How Are Wrongful Death Lawsuits Different from Other Asbestos Claims?

Wrongful death lawsuits are unique among asbestos claims because they are filed by the surviving family members of someone who died from an asbestos-related illness. They are designed to compensate the family’s losses, not just the harm experienced by the person who passed away.

These lawsuits are often filed alongside other types of claims—such as survival actions, trust fund claims, or product liability suits—to ensure the family receives the full compensation they are entitled to.

Here’s how they compare:

Wrongful Death Lawsuits

Filed by family members to recover for their own losses after a loved one dies from mesothelioma, lung cancer, or asbestosis.

Damages may include:

Funeral and burial expenses
Medical bills incurred before death
Loss of financial support, benefits, and services
Loss of companionship, parental guidance, and emotional support

Example: Maria files a wrongful death lawsuit against the refinery where her husband, Tom, was exposed to asbestos. The company failed to provide safety equipment or warnings. She seeks compensation for Tom’s funeral costs, the loss of his income, and the emotional toll on their family.

Survival Claims

Filed by the estate of the deceased to recover compensation for the damages the person personally suffered before death—such as pain, lost wages, and medical costs.

Example: Maria also files a survival claim on behalf of Tom’s estate. It covers the pain he endured during his final months, the wages he lost while undergoing treatment, and the medical bills he incurred before passing.

Asbestos Trust Claims

Separate from court-based lawsuits, these claims are filed with bankruptcy trusts set up by companies that made asbestos products. Families can file trust claims in addition to lawsuits to maximize recovery.

Example: Because Tom worked with insulation and gaskets made by bankrupt asbestos companies, Maria’s attorney files trust claims to recover additional compensation—separate from her wrongful death and survival claims.

Premises and Product Liability Claims

These lawsuits target the property owners and product manufacturers responsible for exposing the victim to asbestos.

Premises liability applies when the exposure occurred on unsafe property (like a refinery or shipyard).
Product liability applies when exposure came from defective or dangerous asbestos products (like pipe insulation or gaskets).

Example: Maria’s legal team files a premises liability claim against the refinery that failed to maintain safe working conditions, and a product liability claim against the manufacturer of the asbestos-containing gaskets Tom worked with.

These Claims Work Together

Each type of claim targets a different source of liability. Filing multiple claims is often the best way to ensure that all responsible parties are held accountable—and that the family receives the full compensation they deserve.

Our firm knows how to navigate these complex, multi-claim cases. We’ll help you understand which claims apply to your situation, and we’ll build a comprehensive legal strategy tailored to your family’s needs.

Learn more about the legal options available to families affected by asbestos.

What Would Happen If Clarence Borel’s Case Were Filed Today

Let’s imagine that Clarence Borel—one of the most important figures in asbestos litigation—was diagnosed in 2025 rather than 1969. And for the purposes of this example, we'll give Clarence an adult child and a minor child.

After decades of working in Gulf Coast refineries and chemical plants, Clarence develops mesothelioma from exposure to asbestos insulation materials like Thermobestos, Kaylo, and Unibestos. He is survived by his wife, one adult daughter, and a 14-year-old son.

Here’s how our firm would approach the case today:

Wrongful Death Lawsuit

Clarence’s wife files a wrongful death lawsuit against the companies responsible for his asbestos exposure—including the owners of the facilities where he worked. The lawsuit seeks damages for:

Funeral and burial expenses
Mrs. Borel’s loss of companionship and financial support
The minor son’s loss of parental guidance and emotional distress
The adult daughter’s emotional loss and grief

Most states prioritize spouses and minor children for noneconomic damages. Adult children, while often eligible for a share, may receive a smaller portion depending on the circumstances.

Survival Claim

Clarence’s estate files a survival claim for the suffering he endured before passing and the wages he lost during his illness. These damages are distributed to his heirs according to his will or state law.

Asbestos Trust Claims

The family files claims with multiple asbestos bankruptcy trusts, including those for Johns-Manville (Thermobestos), Pittsburgh Corning (Unibestos), and Owens Corning (Kaylo). These claims are typically processed faster than litigation and provide valuable additional compensation.

Distribution of Damages

How damages are distributed depends on state law and whether Clarence left a will:

Mrs. Borel (Spouse): Likely to receive the largest share, including compensation for noneconomic losses and survival damages.
Minor Son: Entitled to compensation for loss of parental guidance and emotional distress, along with a share of survival damages.
Adult Daughter: May receive a portion of the survival damages and emotional distress damages, depending on the state.

Why This Matters

By pursuing multiple legal avenues—wrongful death, survival, and trust claims—this fictional Borel family ensures that every source of compensation is accessed. That means more support for medical bills, funeral costs, lost income, and the emotional toll of Clarence’s passing.

If you’ve lost a loved one to mesothelioma or another asbestos-related illness, our firm can guide your family through this complex process. We’ll help you protect your rights, honor your loved one’s legacy, and pursue the justice they deserve.

Why Choose Our Firm for Your Asbestos Wrongful Death Lawsuit

Losing a loved one to an asbestos-related illness is one of life’s most painful experiences. Few people understand that more personally than our firm’s founder, Justinian Lane. He lost his father and two grandparents to asbestos-related cancers—before he ever knew asbestos was the cause.

“By the time I found out asbestos was to blame for the loss of my dad and my grandparents, it was too late to file a lawsuit or trust claims. But it might not be too late for your family. Call us at 833-4-ASBESTOS and we’ll explain your options.
— Justinian Lane

Learn more about Justinian’s story »

More Than Just a Law Firm—A Team That Understands

We know that taking legal action in the midst of grief can feel overwhelming. That’s why we don’t just offer legal expertise—we offer compassion, guidance, and strength when your family needs it most.

We’ve helped families across the country hold asbestos companies accountable and recover the compensation they deserve. Whether your loved one passed from mesothelioma, lung cancer, or asbestosis, we’re here to carry the legal burden for you.

Strategic Advocacy, Grounded in Experience

At The Law Offices of Justinian C. Lane, Esq. – PLLC, we’ve recovered nearly $400 million for asbestos victims and their families—not by luck, but by building strong, strategic cases from the ground up.

We maintain one of the largest private asbestos research databases in the country
We work closely with leading medical and legal experts who understand asbestos disease
And we fight to maximize your compensation and protect your family’s financial recovery

We're not just here to file paperwork. We’re here to fight for the legacy your loved one left behind—and help secure your family’s future.

👉 Learn more about why families choose our firm »

Take the First Step Toward Justice

If you’ve lost someone you love to an asbestos-related illness, we’re ready to help.

Call us anytime at 1-833-4-ASBESTOS, or schedule a free consultation to talk with a member of our team. We’ll listen to your story, explain your options, and build a strategy tailored to your family’s needs.

You don’t have to go through this alone. We’re here—and we’re ready to fight for you.