Can family members file a mesothelioma claim after a death?

Yes. Under West Virginia law, surviving spouses or children can file a wrongful death mesothelioma claim if a worker has passed away.

WV Mesothelioma Claims Process – Step-by-Step Legal Help

Q: How long does the WV Mesothelioma Claims Process take?

Most mesothelioma claims in West Virginia resolve within 6–18 months, depending on the number of defendants, evidence, and trial schedules.

Q: Does take-home asbestos exposure qualify for a claim?

Yes. Take-home exposure occurs when asbestos fibers travel home on work clothes or gear and cause illness in family members. WV law recognizes these claims.

The WV Mesothelioma Claims Process helps workers and families pursue justice after asbestos exposure in West Virginia. If you or someone you love was diagnosed with mesothelioma, the first step is to contact an experienced West Virginia mesothelioma lawyer who understands local job sites and asbestos history.

Click Here to Call (412) 781-0525 Now!

1. Diagnosis and Eligibility

A confirmed mesothelioma diagnosis from a medical professional establishes eligibility. Many affected workers were exposed at steel mills, power plants, and chemical facilities across West Virginia. Even take-home exposure—when asbestos dust traveled home on work clothes—can qualify under state law.

2. Identifying Exposure Sources

Your attorney investigates job sites, contractors, and manufacturers responsible for asbestos use. Common locations include Weirton Steel, Mount Storm Power Plant, and Union Carbide facilities. This step ensures the claim names every liable party.

👉 Search Asbestos Job Sites in West Virginia

3. Filing the Claim

Once exposure sources are proven, your lawyer files either:

a lawsuit in state court, or
a trust fund claim through existing asbestos bankruptcy trusts.

Both aim to recover damages for medical costs, lost wages, and pain and suffering.

4. Negotiation or Trial

Most mesothelioma claims settle out of court, but preparation for trial strengthens negotiating leverage. An experienced WV asbestos lawyer ensures every procedural step is handled promptly and accurately.

5. Receiving Compensation

Successful claimants may receive trust payouts within months or secure settlements through litigation. Compensation helps families cover treatment, loss of income, and long-term care needs.

Schedule Your Free Consultation

If you or a loved one has been diagnosed with mesothelioma after asbestos exposure in West Virginia, Attorney Lee W. Davis offers a free initial consultation to review your case. You’ll get a clear understanding of your legal options and what compensation may be available.

Call (412) 781-0525 today to schedule your consultation with a West Virginia mesothelioma lawyer who has decades of experience representing workers and families across the state.

Frequently Asked Questions – WV Mesothelioma Claims Process

1. How long does the WV Mesothelioma Claims Process take?

Most cases resolve within 6–18 months, depending on evidence, defendants, and whether the case goes to trial.

2. Can family members file a claim if a worker has passed away?

Yes. West Virginia law allows surviving spouses or children to file a wrongful death mesothelioma claim on behalf of the deceased.

3. Does take-home asbestos exposure qualify for a claim?

Yes. If a worker brought asbestos fibers home on clothing or equipment that caused illness in a family member, compensation may still be available under WV law.

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Michael Schumacher

22:42 02 May 23

Lee was an excellent representative of the legal profession. I have had other lawyers in the past and they did not respond to emails or return phone calls. Mr Davis was very attentive and responded to all calls and emails.
Mr Davis was a tremendous help for my situation. I was a defendant in a frivolous lawsuit. Lee was well prepared for our hearing and listened to my side of the lawsuit and represented me to the point he won the case for me.
I highly recommend Lee Davis for any legal issue you may have. He will be a tremendous asset to you!!!

Vicki Ann Korinko

23:47 13 Mar 23

If I could give 100 stars I would. When you need to contact an attorney you most likely are in a storm you never expected you would be in. From the first conversation I had with Lee I knew I would be in great hands; his professionalism is stellar. Mr. Davis let me speak and put my mind at ease that what I was dealing with was not right. Lee was empathetic through all the emotions that go along with a legal case. Lee was compassionate and knowledgeable and worked hard during the legal process to make sure I was up-to-date with the current standing of my case along with being available to communicate in a speedy time period even if it was just to say, "I will call back as soon as possible." Lee fought hard for me and I was impressed by his knowledge, strategy skills, his honesty and the education he provided as the case proceeded to the next phase and what I should expect. I highly recommend Mr. Davis!

Jack Sharbaugh

22:34 21 Jan 19

Lee is an extremely knowledgeable and dedicated attorney. A friend recommended Lee to my wife and me. He is very personable and made us feel at ease. He handled our business most professionally and with an obvious focus on our needs and best interest. We highly recommend him.

Kelly Ziencik

00:59 17 Jan 19

Lee Davis is an outstanding lawyer and a truly wonderful person! His experience, knowledge, and professionalism are unparalleled. I wouldn’t put my rights into the hands of any other lawyer. He is straightforward and gets results. I can’t say enough good things about him.

Daniel Jeffreys

19:52 10 Dec 18

I met Lee Davis several years ago. I had the privilege of witnessing his professionalism in a number of courtroom settings. Not only did he conduct himself with confidence and eloquence, he was thoroughly prepared to go up against multiple defendants of major corporations. He did his homework and did not settle for mediocrity, and won. Since then, I have called upon him whenever I needed legal advice, even when it seemed like I could have gone to some internet application and done it myself. There is nothing simplistic about the law and I thoroughly trust Lee to handle any legal situation. When it comes to legal matters, I have full confidence in Lee.

Steve Craig

00:58 07 Dec 18

Lee Davis exceeded our expectations in every way. He poured his heart and soul into our case. Everything he did showed his commitment to professionalism and the highest standards of jurisprudence. Lee was relentless in his pursuit of justice for our family. He was not content to settle for the lowball offers from just a few defendants. We had multiple defendants and Lee worked to maximize our settlement with each of them. Lee has my highest recommendation.