If you have a loved one who has passed away from an asbestos-related disease, such as mesothelioma or asbestos related lung cancer, you may be able to claim compensation on their behalf. While no amount of money can ever replace the loss of a loved one, pursuing an asbestos claim can help ease the financial burdens associated with their passing and ensure that those responsible for exposing your loved one to asbestos are held accountable, bringing some measure of justice.
Although the use of asbestos was officially banned in the United Kingdom in 1999, its impact continues to haunt countless lives. A major factor in this ongoing crisis is the long latency period of asbestos-related diseases, which can take between 10 to 40 years after exposure to asbestos to develop. The Health and Safety Executive reports that approximately 5,000 asbestos-related deaths occur annually in the UK.
In many cases, the individual suffering with an asbestos-related illness may not have had the opportunity to pursue a claim during their lifetime. This can happen for several reasons, including:
- The sufferer being too ill to consider making a claim;
- The mistaken belief that they cannot claim because their employer, responsible for the asbestos exposure, is no longer trading;
- The exposure to asbestos occurred so long ago that they struggle to make the connection between the exposure and the disease.
However, with specialist legal advice, these barriers can be overcome.
In some instances, the diagnosis of an asbestos-related disease may only become apparent after the person has passed away, or through a postmortem examination. If this is the case, a post-mortem examination should be undertaken, with samples being taken and not destroyed, in case they are required. Without this, it makes a legal claim is very difficult, if not impossible, to succeed.
Who can bring an asbestos claim on behalf of a loved one?
If your loved one had a valid will at the time of their death, the asbestos claim will be brought by the Executor of their estate. If they died intestate (without a valid will in place), their estate will be administered according to the intestacy rules, and the person appointed as the administrator of the estate will be able to bring the claim. In either case, a Grant of Probate or Letters of Administration will be required to process the compensation.
Time limits with bringing personal injury claims
It is important to note that there are strict time limits in bringing personal injury claims. If Court proceedings are not issued within 3 years of the date of death of your loved one, you will be prevented from bringing any asbestos compensation claim at any future date. Whilst the Court can exercise its discretion in extending this time period, there is no guarantee that they will do so. As such, it is important to consult a specialist solicitor as early as possible so that you are not prevented from bringing a claim on behalf of your loved one.
If your loved one previously received compensation for their asbestos-related disease during their lifetime, it may be possible to bring a return claim if the original settlement was made on a ‘provisional basis’ and depending on the circumstances.
Identifying where your loved one was exposed to asbestos
To make a successful asbestos compensation claim, it is crucial to establish how, where and when your loved one was exposed to asbestos. Compensation claims typically involve holding a third party accountable for negligence or breach of statutory duty. Without evidence linking the exposure to a specific party, there is no legal basis for a claim.
It is helpful to discuss the details of your loved one’s exposure with them before their passing and keep any relevant information in a safe place. However, if you’re unsure about where they worked, it may still be possible to pursue a claim. Our team of specialist solicitors can help track down your loved one’s employment history and locate the insurers of their former employer if the company is no longer trading. With our extensive experience, we have a network of pursued defendants and witnesses who may be able to support your claim.
If your loved one never worked, you still may be able to make a claim. Whilst exposure to asbestos in the workplace is the most common form of exposure, there are other potential sources, such as secondary exposure from a family member who brought asbestos dust home on their work clothing.
How we can help
If you require assistance in pursuing an asbestos compensation claim for yourself or on behalf of a loved one, then please contact us today on 01244 312306 or complete our enquiry form to discuss how we can help.
