Asbestos compensation after death

The majority of claims we handle for asbestos compensation after death are funded on the basis of a Conditional Fee Agreement or ‘no win, no fee’ deal.

If you are or were a member of a trade union, they may be able to provide funding for industrial disease claims, such as those for asbestos-related diseases. Whether trade union funding is available will depend on the circumstances and a Conditional Fee Agreement may sometimes still be the preferable choice.

Find out more about funding your 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. This would only happen if your claim goes to court and the judge rules against you and awards costs against you.

Very few asbestos-related death claims ever go to court as they are almost always settled out-of-court. However, we will discuss with you whether after the event insurance is a sensible precaution in your case.

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.

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 executor.

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:

1. An asbestos-related disease must have caused or contributed to your loved one’s death.
2. 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.
3. 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).

Sadly, it is very common for someone with asbestosis, mesothelioma 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.

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 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 lifetime but another unrelated condition caused their death, the family can often continue with a pre-existing claim. 

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.

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 Mesothelioma and Asbestos Claims team as soon as possible to ensure you do not miss out on the chance to make a claim.

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.

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.