Asbestos compensation after death
Compensation for families who've lost a loved one to asbestos disease.
The death of a loved one due to an asbestos related disease is devastating for any family, not just because of the obvious emotional distress involved, but also due to the practical and financial issues this can cause.
If you have lost a loved one due to mesothelioma, lung cancer, asbestosis, pleural thickening or any other disease caused by exposure to asbestos, claiming for asbestos death compensation can never truly make up for that loss, but it can make life much easier for you and your family during this difficult time.
- Nationally recognised asbestos disease specialists with decades of experience
- Access to specialist medical experts to support your claim
- Experienced in securing compensation for asbestos-related illness and bereaved families
- Dedicated support from initial enquiry through to settlement
- No upfront costs and claim through a no win no fee agreement
Starting an asbestos after death claim
When someone is diagnosed with an asbestos related disease, legal advice should be sought to consider if a claim for compensation can be made. If your loved one that suffers from an asbestos related disease passes away, or it is discovered after that their cause of death is from an asbestos related disease, then you may be eligible for compensation.
Asbestos related disease claims are one of the more complex and challenging areas of personal injury law. We have helped recover £101 million in compensation since 2005 in asbestos related disease claims. The team has long-standing relationships with many agencies and charities that help people with asbestos related diseases, and their families receive as much assistance and support as possible during a very difficult time.
We offer the clear, empathetic advice and specialist legal expertise and representation you need to secure a fair settlement to help deal with the financial and practical consequences of your loss. To arrange a free initial conversation with our friendly, expert fatal mesothelioma and asbestos disease claims solicitors, please get in touch.
No win, no fee
No hidden or upfront costs. Clear, straightforward advice. Nothing to pay unless your claim is successful.
Over 30 years’ experience
We have helped thousands of clients claim compensation.
Fully regulated
Authorised and regulated by the Solicitors Regulation Authority.
Asbestos claims FAQs
What is an asbestos claim after death?
An asbestos claim after death is a claim for financial compensation for families who have lost loved ones to an asbestos related disease. Asbestos related diseases can cause a great deal of suffering to those involved. Unfortunately, many of these diseases are preventable and are often down to poor conduct of former employers.
The financial impact of losing a family member to an asbestos related disease can be very difficult for some families. The process of claiming compensation starts with an asbestos claim after death. These claims are made against the parties responsible for the exposure to asbestos, which in most cases is a previous employer.
How can I fund a fatal asbestos claim?
The majority of claims we handle for asbestos compensation after death are funded on the basis of a Conditional Fee Agreement (“no win, no fee”).
We will also provide an initial meeting free of charge, without any obligation to take matters further. At that meeting, we will discuss how to fund your claim and assess prospects of success if sufficient information is available at that stage.
Is there any upfront cost for starting a fatal asbestos claim?
While a Conditional Fee Agreement means you do not need to pay anything towards our legal fees at the start of your claim, we do recommend taking out After the Event (ATE) insurance. ATE insurance is intended to cover the cost of the defendant’s legal fees in the unlikely event that you were to become liable for their costs.
If your loved one passed away due to mesothelioma, then the defendants will almost always pay the insurance premium. There are no upfront fees in any case, as the premiums are deferred until the conclusion of your case.
Who can make a claim for asbestos compensation after death?
To be able to claim compensation for the asbestos related death of a loved one, you will need to be their surviving spouse, civil partner, child, or the executor of their estate. If you are unsure whether you may be able to make a claim for asbestos compensation after death, please get in touch, and we will be happy to discuss this with you.
Am I entitled to compensation for an asbestos related death in the family?
To be eligible for compensation for an asbestos related death, a number of key factors must apply:
- An asbestos related disease must have caused or contributed to your loved one’s death.
- Their disease must have been caused by asbestos exposure either whilst at work, in the environment where they lived or whilst at school or from secondary exposure.
- The employer must have known about the risk of asbestos exposure and failed to take appropriate precautions to protect their employees, such as carrying out a proper assessment to establish whether asbestos was present and/or failing to provide suitable Personal Protective Equipment (PPE).
Can I continue an asbestos claim started by someone who has since died?
Sadly, it is very common for someone with mesothelioma, lung cancer, asbestosis, or another asbestos related disease who starts a compensation claim to pass away before the claim is resolved. Where this occurs, it may be possible for their family to continue the claim, or it may be appropriate to start a separate claim, depending on the circumstances.
Our asbestos claims solicitors can advise you on the best option for you and guide you through the process, taking over an asbestos claim or starting a new claim.
Can I claim for asbestos death compensation where an asbestos related disease was not the sole cause of death?
When someone sadly passes away, and they were suffering from an asbestos related disease, the death is often referred to the coroner. The death may be considered in more detail by the coroner, and it may be that the death was wholly or partially caused by previous asbestos exposure. Alternatively, it may be that your loved one was suffering from an asbestos related disease but that the cause of death was unrelated to asbestos.
For example, if someone who dies due to respiratory failure was suffering from an asbestos related pleural effusion or pleural thickening, those asbestos related issues may be considered a contributing factor to the respiratory failure, but not the sole cause.
On the other hand, someone may be suffering with asbestosis (or another condition) during their life, but can also have other problems such as a heart condition which might be their actual cause of death. In situations where your loved one’s death was partially caused, or contributed to, by asbestos disease or where they were suffering from an asbestos related disease during their lifetime, but another unrelated condition caused their death, the family can often continue with a pre-existing claim.
How much compensation can you claim for an asbestos related death?
Exactly what you can claim for an asbestos related death will depend on the circumstances, but key types of compensation you may be able to claim include:
- Loss of the deceased’s income (including their pension income)
- Loss of any services the deceased provided
- Others costs you have incurred as a result of the death
- Funeral expenses
- A bereavement award (currently set at £15,120 as of May 1st 2020)
We will aim to provide a clear estimate of your claim’s likely value at the earliest opportunity, so please get in touch to find out more.
Is there a time limit to claim compensation for a death due to asbestos?
You will generally have three years from the date of death to make a claim for asbestos compensation after death.
In exceptional circumstances, a court may grant permission to bring a claim outside of this three-year time limit, however, this is rare, so should not be relied on. We therefore recommend you contact our asbestos solicitors as soon as possible to ensure you do not miss out on the chance to make a claim.
Can I claim compensation for an asbestos related death if the deceased already received compensation?
Even if the deceased already claimed compensation for their disease before their death, you may still be able to make a separate claim depending on the circumstances.
Whether you are eligible to make a separate claim will depend on the details of the previous claim, so this is something we would need to review with you during your free initial consultation.
Do I need to go to court to claim asbestos death compensation?
The overwhelming majority of claims for asbestos compensation after death can be resolved with an out-of-court settlement. This allows you to get a fair settlement for your claim without the stress and uncertainty of court proceedings. It also normally makes the claims process much faster and less costly.
However, in some cases court proceedings may be required to ensure you are able to get the compensation you are entitled to. In such cases, we can offer the experienced, expert representation and emotional support you need to make the process as straightforward and stress-free as possible, while ensuring your case is presented in the most effective way.
Making a asbestos after death claim
We understand how daunting it can feel to take the first step. Our specialist asbestos disease solicitors are here to guide you through every stage.
Getting in touch
Call us or complete our online form to receive free, confidential advice from one of our specialist asbestos disease solicitors. We will listen carefully to your circumstances, explain your legal options in clear and straightforward terms, and advise whether you can make a claim following the death of a loved one and how we can support you through the process.
Supporting your claim
Our specialist solicitors will gather the evidence needed to support your claim, including medical records, employment records, witness statements, and expert medical and occupational evidence where required. They will establish how and when your loved one was exposed to asbestos, identify those responsible, and prepare the evidence needed to pursue compensation on behalf of their estate or dependants. We will guide you through every stage of the process with care and sensitivity.
Securing compensation
Our solicitors work to secure the maximum compensation possible as quickly as possible. We aim to ensure you and your family receive the financial support available for dependency claims, funeral expenses, loss of financial support, and any other compensation you may be entitled to, helping to provide security for the future.
Contact us
If you would like advice regarding a serious injury or illness affecting you or a loved one, please complete the form and one of our experts will be in touch as soon as possible.
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Why choose Boyes Turner?
Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
We are nationally acclaimed industrial disease lawyers. We are recognised as leading experts by legal ranking directories Chambers Directory and Legal 500.
We have an extensive and highly experienced asbestos disease team with proven skills to succeed in high value, complex and substantial cases.
Our award-winning solicitors are accredited for their expertise and secure maximum compensation settlements for our clients which make the best provision for their current and future needs.
We have long standing relationships with many agencies and charities that help people with asbestos related diseases, and their families, receive assistance and support.
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Our solicitors’ expertise in asbestos related disease claims and their dedication to improving the lives of their injured clients has been recognised by the legal profession and disability charities for over 30 years.
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