What's an asbestos claim after death?

An asbestos claim after death, most often a mesothelioma claim after death, is a claim for compensation made after loss of life caused by an asbestos related disease. It’s a type of wrongful death claim and can be a complex process requiring specialist legal advice.

Sadly, due to the aggressive nature of many asbestos-related diseases, particularly mesothelioma, it might be that your loved one has passed away after their diagnosis, and you may not have had long to prepare for this. Usually, a personal injury claim must be made by the affected person, or made on their behalf if they don’t have the capacity to navigate the claims process alone. However, when a patient passes away due to their illness, loved ones have the option to make a claim for asbestos compensation after death, or to continue an ongoing claim for compensation.

If you’ve lost a loved one due to an asbestos related disease, you might be able to make an asbestos claim after death and recover mesothelioma compensation for family members of the deceased. Our specialist asbestos team have worked with many families through this difficult situation and helped them to achieve a mesothelioma settlement after death that provides a sense of closure and ongoing support.

Who can make an asbestos claim after death?

If your loved one had a valid will in place at the time of their death, and had an ongoing asbestos claim, then the asbestos claim can be continued by the named executor of the will. If a will wasn’t left, then the next of kin can take out Letters of Administration and make the asbestos claim or continue the claim on behalf of the estate.

Our experts know that there are several reasons why your loved one might not have begun their own claim, such as being too ill to do so, or feeling that the exposure occurred too long ago to make a valid claim. In these instances, a claim can be made within strict time limits.

To be able to begin an asbestos claim in this way after the loss of your loved one, you must fall into one of the following groups:

• Spouse of the deceased
• Civil partner of the deceased
• Child or dependant of the deceased
• Executor named in the deceased’s will (the person you nominate to manage your estate when you die)

In some cases, even if your loved one has already claimed compensation before their death, you might still be able to make a separate claim for ongoing financial support, depending on the details of the previous claim.

If you’re unsure whether you can make an asbestos claim in your specific situation, get in touch with our expert asbestos team to discuss your options.

What's included in an asbestos claim after death?

Family members of people who have died from mesothelioma or another asbestos-related disease may be able to claim compensation for:

• The pain and suffering that their loved one suffered
• Financial losses suffered because of the illness
• Lost future support for dependants

If you’re considered a dependant of the deceased, meaning that you relied on them financially or otherwise, you could be experiencing further suffering due to your loss, particularly financially or in terms of lost services and support around the home. In these instances, a dependency asbestos claim after death for ongoing support can help as you readjust to your loss.

Every situation is unique, and it’s always important to get legal advice from a specialist asbestos solicitor to provide guidance on which type of claim you may be eligibile to make and support throughout.

What's a bereavement damages award after the loss of a loved one?

Introduced under the Fatal Accidents Act 1976, bereavement damages offer some family members compensation if they lose a loved one due to a fatal accident or act of negligence. This includes negligent exposure to asbestos by an employer or other company causing a fatal asbestos-related disease. If you’ve lost a loved one in this way, you could be entitled to the statutory bereavement award, if you fall within one of the categories allowed within the law, as well as any further compensation in an asbestos claim after death.

The award amount is fixed by law, and the statutory payment for bereavement damages is regularly reviewed and updated by the government. In 2020 it was increased from £12,980 to £15,120. This amount relates to the bereavement damages award alone. The full value of your asbestos claim after death is also likely to significantly exceed the value of the bereavement damages award. To qualify for bereavement damages, you must be the spouse, civil partner, or parent (provided that the deceased was under the age of 18) of the deceased.

This is the case for England and Wales only, and the law differs in Scotland. If you’ve lost a loved one due to asbestos exposure, our specialist team of solicitors can help you access justice for the pain, suffering, and loss caused to your family. Contact us today to speak to an expert.

Are there any time limits for making an asbestos claim after death?

One thing that our expert asbestos team regularly discuss with clients is asbestos claim limitation periods, or the time limits governing the asbestos claims process. As with most compensation claims, there’s a legal time limit, or limitation period, within which an asbestos claim must be formally submitted to the courts.

The general rule relating to time limits for asbestos claims is that a person diagnosed with an asbestos-related condition has three years in which to issue court proceedings from when they first became aware, or should have been aware, that they had developed an asbestos-related condition.

If, at the time of death, there was an ongoing asbestos claim for compensation and the claim was within the three-year period, you’ll usually have a further three years from the date of passing to issue court proceedings for your after death asbestos claim. Alternatively, even if there was no claim being made by your loved one during their lifetime, family members have a three-year period within which to issue court proceedings, provided that your loved one passed within three years of their diagnosis.

A claim may still be possible even if the three-year limitation period expired during your loved one’s lifetime, but the court’s permission is required for claims outside of limitation to go ahead, which can be very difficult to secure.

If you’ve recently lost a loved one due to an asbestos-related disease, it’s best to seek legal advice as soon as possible so that no potential evidence is missed that could support your claim. When you’re ready to make a claim for your loss, contact our experts and we can help you get the compensation you deserve. Please do bear in mind that it’s possible to leave it too late to make a claim, and we would encourage you to seek legal advice as soon as you feel able to do so.

Why choose Slater and Gordon?

Our specialist solicitors are highly experienced in dealing with claims for all types of asbestos-related diseases. We understand how overwhelming it can and we know that bereaved families often don’t know where to start when it comes to making an asbestos claim after death.

Our specialist asbestos team have successfully represented thousands of people diagnosed with asbestos related illnesses, as well as their loved ones, allowing us to develop expert-level knowledge of the diseases, the claims process, and how to best support clients and achieve the best outcome.

We offer all clients making a claim for asbestos-related compensation funding on a no win no fee basis, allowing you to make a claim at no financial risk. We also don’t charge any additional fees to our asbestos clients, meaning you’ll get to keep all of the compensation awarded to you if your claim is successful.

As well as this, we work closely with several charities who can support you through the grieving process. For more information or to speak to someone today about your asbestos claim after death, call our experts on 0330 041 5869 or contact us online.