Losing a loved one to mesothelioma is among the most devastating experiences a family can endure, particularly when their death was preventable. Companies that manufactured, used, and distributed asbestos-containing products knew for decades that exposure caused fatal diseases like mesothelioma. When their negligence takes a life, surviving family members have the right to pursue justice and financial compensation through a wrongful death claim. According to the CDC, 2,669 mesothelioma cases were reported in the United States in 2022 alone, with the vast majority linked to occupational asbestos exposure in industries like shipbuilding, manufacturing, and construction.
Attorney Joseph P. Williams and The Williams Law Firm, P.C. have represented the families of mesothelioma victims throughout New York and New Jersey for more than 30 years. As a dedicated New York mesothelioma attorney, Attorney Williams has handled hundreds of wrongful death claims and has never lost a mesothelioma case. His firm has recovered hundreds of millions of dollars for asbestos exposure victims and their families. If your loved one passed away from mesothelioma, contact us today for a free, confidential case review.
⚠ Time-Sensitive — New York Law Limits Your Window to File
In New York, wrongful death claims must be filed within 2 years of your loved one’s passing. The clock starts on the date of death — not the date of diagnosis.
Over 1,000 families represented. Hundreds of millions recovered. Joseph P. Williams has never lost a mesothelioma case. No fees unless we win.
A mesothelioma wrongful death claim is a legal action filed by surviving family members after a loved one dies from mesothelioma caused by asbestos exposure. Unlike a personal injury claim filed by the patient during their lifetime, a wrongful death claim is brought on behalf of the deceased’s estate and surviving dependents. The purpose is to hold the companies responsible for the asbestos exposure accountable for the losses their negligence caused.
Mesothelioma wrongful death lawsuits differ from standard wrongful death cases in one critical respect: the latency period. Workers who developed mesothelioma from occupational exposure at shipyards, power plants, construction sites, or manufacturing facilities across New York may have been exposed 30 to 50 years before their death. Despite this long gap, both the companies that manufactured asbestos-containing products and those that knowingly used them without adequate safety protections remain legally liable. New York courts have extensive experience handling these cases, and the New York City Asbestos Litigation docket (NYCAL) was specifically designed to process them efficiently.
Under New York law, the personal representative or executor of the deceased’s estate files the wrongful death claim on behalf of eligible surviving family members. If no executor has been appointed, the court may appoint an administrator for this purpose. The personal representative brings the action for the benefit of surviving distributees, which typically includes:
Even if your loved one never filed a personal injury claim before their death, or if their diagnosis was only discovered after they passed away, a wrongful death action may still be viable. If they received a mesothelioma diagnosis while living and did file a personal injury claim, that lawsuit may be converted to a wrongful death action following their death. The Williams Law Firm will review your loved one’s case history and work history to identify all available legal options for your family.
In New York, the statute of limitations for mesothelioma wrongful death claims is two years from the date of death. This is separate from the three-year statute of limitations that applies to personal injury claims filed by living mesothelioma patients. New York applies the discovery rule to personal injury claims, meaning the clock starts when the victim knew or should have known their illness was caused by asbestos. For wrongful death claims, however, the two-year clock begins on the date your loved one passed away, not the date of diagnosis.
Missing this deadline is one of the most common and irreversible mistakes families make after losing a loved one to mesothelioma. If you are approaching the two-year anniversary of your family member’s death, or if you are unsure whether the deadline has already passed, contact The Williams Law Firm immediately. In some circumstances, tolling provisions or estate administration issues may affect the deadline, and an experienced attorney may be able to protect your family’s rights even when time is short.
Mesothelioma wrongful death lawsuits in New York seek compensation for the financial and personal losses your family has suffered as a direct result of the negligent companies’ conduct. Attorney Williams will fight to recover every category of damages available under New York law, which may include the following:
Beyond financial losses, New York wrongful death law allows surviving family members to recover compensation for the personal losses that cannot be assigned a dollar amount. These include loss of companionship, guidance, emotional support, and the nurturing that a parent, spouse, or partner provides. Courts recognize that spouses lose a life partner and children lose a parent through no fault of their own or their loved one’s.
In cases where asbestos companies demonstrated particularly reckless or intentional disregard for worker safety, courts may award punitive damages. These are designed to punish the defendant and deter similar conduct in the future. Given that many asbestos manufacturers knowingly withheld information about the health risks of their products for decades, punitive damages are a real possibility in mesothelioma wrongful death cases with strong evidence of corporate knowledge.
Many of the companies whose asbestos-containing products caused mesothelioma deaths across New York have since declared bankruptcy. Before doing so, these companies were required by law to establish asbestos compensation trust funds to compensate victims and their families. There are currently more than 60 active asbestos trusts holding billions of dollars specifically for this purpose, and wrongful death claimants are eligible to file trust fund claims in addition to civil litigation against solvent defendants.
Trust fund claims and lawsuits are not mutually exclusive — families may pursue both simultaneously to maximize total compensation. The Williams Law Firm has the product identification resources and trust fund experience to identify every trust that may owe your family compensation based on your loved one’s specific work history, the products they were exposed to, and the job sites where they worked. Attorney Williams will handle both the litigation and trust fund claims on your family’s behalf at no upfront cost.
New York has a large population of Navy veterans, and the Brooklyn Navy Yard alone was responsible for some of the highest concentrations of occupational asbestos exposure in the northeastern United States. Veterans who served aboard Navy ships, worked in Navy shipyards, or were stationed at military bases where asbestos was prevalent are among the most common mesothelioma victims across New York and New Jersey.
If your loved one was a veteran who died from mesothelioma, their family may be entitled to compensation through multiple channels: VA benefits through the Department of Veterans Affairs, civil litigation against the private manufacturers of asbestos products used in military vessels and facilities, and asbestos trust fund claims. The VA and civil litigation routes are completely separate, and pursuing one does not affect eligibility for the other. Learn more about veterans’ mesothelioma claims and the specific rights available to surviving military families.
Attorney Williams and The Williams Law Firm handle every aspect of the wrongful death claims process personally, from the initial investigation through settlement or trial. The process typically involves the following stages:
Learn more about the mesothelioma lawsuit process and what to expect at each stage from intake through resolution.
Mesothelioma wrongful death cases demand an attorney with deep experience in New York asbestos litigation, the product identification resources to connect your loved one’s specific exposures to liable defendants, and the trial experience to maximize your family’s recovery. The Williams Law Firm is not a general practice firm that occasionally handles asbestos cases. Attorney Williams has dedicated his entire 30-year career exclusively to mesothelioma and asbestos litigation in New York.
Attorney Williams handles every case personally, from the initial home visit through resolution. He has represented workers from virtually every industry and every borough and region of New York, including shipyard workers from the Brooklyn Navy Yard, construction workers throughout New York City, power plant workers along the Hudson River, and manufacturing workers from Buffalo to Rochester to Schenectady. His firm’s contingency fee arrangement means your family pays nothing unless compensation is recovered. His record across more than 30 years of mesothelioma litigation has never included a loss.
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“The Joseph Williams Law Office has been very kind, professional, and knowledgeable. They have helped our family through a very difficult time and I would recommend their services to anyone that needs help.”
— Lindsta Ann, Verified Client
In New York, the statute of limitations for mesothelioma wrongful death claims is two years from the date of death. This is a hard deadline — missing it typically results in losing the right to any compensation. If your loved one passed away within the last two years, contact The Williams Law Firm as soon as possible to protect your family’s rights. Even if you are close to the deadline, it may be possible to act quickly enough to preserve the claim.
Yes. A wrongful death claim may be filed by surviving family members regardless of whether the deceased ever filed a personal injury claim during their lifetime. Many families are unaware of their legal rights until after their loved one has already passed. Attorney Williams will investigate your loved one’s work history and exposure timeline to identify liable defendants and file all available claims, including both civil litigation and asbestos trust fund claims, on your family’s behalf.
New York wrongful death claimants may be entitled to recover medical expenses from diagnosis through final care, funeral and burial costs, lost wages and earning capacity, lost benefits and retirement income, loss of companionship and guidance, and in some cases punitive damages. The total value of a wrongful death case depends on the specific facts of your loved one’s exposure history, their occupation and earnings, and the number of liable defendants. Many New York mesothelioma wrongful death cases have resulted in multi-million dollar recoveries for surviving families.
There are no upfront costs of any kind. The Williams Law Firm handles all mesothelioma wrongful death cases on a contingency fee basis, meaning attorney fees are only collected if and when compensation is recovered on your family’s behalf. You will never receive a bill for legal services if no recovery is made. This arrangement ensures that every family, regardless of their current financial situation, can access experienced mesothelioma legal representation without financial risk.
Yes. Surviving family members of Navy veterans who died from mesothelioma may pursue wrongful death claims against the private manufacturers of asbestos products used in military vessels and naval shipyards. These civil claims are completely separate from VA benefits, and pursuing both simultaneously is both permitted and common. The Brooklyn Navy Yard and other New York naval facilities used asbestos extensively through the 1980s, and many of the manufacturers responsible for those exposures remain legally liable today.
If your family has lost a loved one to mesothelioma caused by asbestos exposure in New York, The Williams Law Firm, P.C. is ready to help. Attorney Joseph P. Williams has dedicated more than 30 years to representing mesothelioma victims and their families throughout New York, and he will personally handle your case from the initial consultation through resolution. He will come to your home to meet with you at no cost and no obligation, and he works exclusively on contingency, meaning your family pays nothing unless compensation is recovered.
Time is critical. New York’s two-year wrongful death statute of limitations begins on the date of death and cannot be extended except in the most limited circumstances. Contact The Williams Law Firm today for a free, confidential case review and let Attorney Williams fight for the justice and compensation your family deserves.
