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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 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.

Our expertise with asbestos claims after death

Boyes Turner is ranked tier 1 by leading client guide the Legal 500 for personal injury claims, recognising our team as one of the country’s top law firms for representing claimants in all types of personal injury claims.

Our Personal Injury department has been noted in the Legal 500 for our “talented and motivated” team, with specific praise for our “strong presence and deserved national reputation, particularly in asbestos and other industrial disease claims”.

The team is led by Boyes Turner Partner Laura Magson, a highly experienced personal injury lawyer.

Supporting Laura in our specialist Mesothelioma and Asbestos Disease Claims team are “thorough, professional and compassionate” Senior associate - solicitors Melloney Harbutt and and “professional, friendly and knowledgeable” Associate Solicitor Martin Anderson.

Laura, Melloney and Martin are all accredited Senior Litigators with the Association of Personal Injury Lawyers (APIL). Laura and Melloney are also APIL accredited Asbestos Disease Specialists.

We are accredited by the Law Society for Personal Injury law in recognition of our specialist expertise in representing claimants for personal injury compensation, including those involving asbestos-related deaths.

We are also accredited by the Law Society for Clinical Negligence, meaning we can offer highly effective advice and support where misdiagnosis or late diagnosis of an asbestos-related disease is a factor in the death of your loved one.

Our fatal mesothelioma and asbestos disease claims solicitors have been helping families to pursue compensation for asbestos-related deaths for many years, helping to make the process as simple and stress-free as we can.

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 telephone conversation with our friendly, expert fatal mesothelioma and asbestos disease claims solicitors, please get in touch.

Asbestos compensation after death frequently asked questions

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 or ‘no win, no fee’ deal.

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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. This would only happen if your claim goes to court and the judge rules against you and awards costs against you.

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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 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.

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Can I continue an asbestos claim started by someone who has since died?

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.

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Can I claim 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.

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What 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:

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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.

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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.

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Do I need to go to court to get compensation for a loved one who died due to asbestos exposure?

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.

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Claims for asbestos compensation after death that we have successfully settled...

£1.1 million settlement for fatal mesothelioma claim

Kim Smerdon secured a £1.1million settlement for a family who had lost a loved one to mesothelioma. The claim was for loss-of-dependency, with the deceased having been the primary earner for the family.

£110,000 settlement from MOD after husbands death from lung cancer and asbestosis

Laura Magson secured a settlement of £110,000 for the widow of a former Chatham Dockyard, originally thought to be from suspected lung cancer. Despite lack of witness evidence and engineering evidence, the absence of a lifetime statement from the deceased and his history of heavy smoking a settlement was reached for his widow a year after she first asked us to investigate her claim.

£59,600 settlement for non-dependent family of former builder

We negotiated an out-of-court settlement of just over £59,600 for the family of a former builder and carpenter who died due to respiratory failure connected to asbestos-related pleural effusion and pleural thickening. We were able to secure the settlement in spite of the family not being financially dependent on the deceased.

£85,025 settlement for asbestosis-related death

Our team negotiated an £85,025 settlement for the bereaved family of a former construction project manager whose death was partially caused by asbestosis. The claim was originally started by the deceased shortly before his death and continued by his family. The deceased’s illness was related to asbestos exposure in the 1960s and early 1970s during his time working at an oil refinery.

Start an asbestos-related death compensation claim

To book your free initial appointment and find out more about making a no win, no fee compensation claim for a death due to asbestos, please get in touch with our friendly, expert mesotheliom and asbestos disease claims team.

Get help today
  • No upfront costs & no win, no fee
  • Expert rehabilitation help
  • Free & no obligation initial advice

Meet your specialist team

Our specialist Asbestos compensation after death team are considered leaders in the field and have a significant amount of expertise.
Laura Magson

Laura Magson

Partner

Kim Milan

Kim Milan

Senior Partner

Melloney Harbutt headshot

Melloney Harbutt

Senior associate - solicitor

Martin Anderson

Martin Anderson

Associate Solicitor

Roshni Patel photo

Roshni Patel

Paralegal

Laura Magson
Kim Milan
Melloney Harbutt headshot
Martin Anderson
Roshni Patel photo

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What can I claim for if I have been impacted by an asbestos related disease?

Will my asbestos related disease case go to court?

How long do I have to make an asbestos related disease claim?

Who will be paying for my asbestos related disease claim?

What if I was not exposed to asbestos at work?

What benefits are available for different asbestos related diseases?

Expat asbestos related disease claims

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Awards & accreditations

Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.

              Lifetime Lawyers Logo Brake | The Road Safety Charity

What our clients say

"A good company with great staff"

I selected Boyes Turner from a list given to me by an asbestos charity, on the strength of the CV’s of the specialist solicitors. It was a wise choice, I feel.
Melloney Harbutt has been great from day one, despite my occasionally disappearing into hospital for emergency treatment. Very supportive, very knowledgeable and very friendly.


The whole process has been made easier for me thanks to their great communication skills and knowledge of the process. Thank you

Mr Webster

"We finally settled our claim with Laura’s help"

When my dad was diagnosed with mesothelioma we were contacted by a charity based company called HASAG which put us on to Boyes Turner, and we met Laura. Laura managed to speak to dad virtually whilst he was still with us, but unfortunately he passed away very soon after. Laura advised that I become an executor to dads claim.Laura was so easy to deal with and also showed the family a personal touch whenever we spoke.


We finally settled our claim with Laura’s help.


The family would definitely recommend Laura and Boyes Turner to anyone needing a representative for a mesothelioma case as Laura’s knowledge is vast

Boyes Turner Client

"The final result was very satisfactory"

After much hesitation regarding making a claim and speaking to HASAG. I found Boyes Turner one of HASAG's approved solicitors, I met Melloney who explained the process in plain English, and we started the ball rolling, some of the reports were difficult to come to terms with, but all through the process Melloney was supportive and understanding.


As there were multiple parties involved the process took some time which was frustrating, but the final result was very satisfactory.

Mick V

"I would not hesitate to fully recommend their services"

After my diagnosis and starting my treatment for asbestosis I chose the services of Boyes Turner LLP to help me and my family through the claim system.


I had the good fortune to be introduced to Melloney Harbutt as my lead solicitor. At a time when I least wanted additional stress and anxiety, her clear compassionate, honest legal knowledge and personal guidance prevailed throughout.


 

Mr Fletcher

"Mesothelioma Claim"

Absolutely delighted with the speed, efficiency and clarity of the support provided by Laura in my claim against my former employer. She cut through the legalese jargon and explained everything in detail making my decision making easy.

Additionally, she handled my grim prognosis details with compassion and showed a great understanding of, not only the legal aspects, but also the complex medical details and options. The prompt settlement negotiated by Laura has ensured I can "enjoy" the benefits while still fairly mobile and also she ensured the defendants would fund any future treatments not funded by the NHS should I need them.


It was a pleasure working with Laura and I would have no hesitation whatsoever in recommending her to others.

Alan
Rated Excellent 4.8/5