Asbestos Compensation Claims for Deceased Relatives

Claiming Asbestos Compensation on Behalf of Deceased Relatives

Is an Asbestos Claim for a Deceased Relative Possible?

Illnesses caused by asbestos, such as asbestosis, pleural thickening, mesothelioma and lung cancer do not show themselves quickly after exposure. They can take many years to develop. By then the person you need to make a claim against (perhaps an employer) may no longer be alive or in business. Pursuing these claims is complicated and is best dealt with by an experienced personal injury lawyer.

In some cases where a person has developed an asbestos related disease, there is simply not sufficient time to complete, or even begin, a claim for damages. There are also instances where it was not known that a person died from such a condition, until it is revealed by a post mortem examination.

This does not mean to say that a claim is not possible, as many successful asbestos compensation claims have been made on behalf of bereaved family members.

Industrial Disease Claims Process

If a person is diagnosed with an asbestos related disease and begins a compensation claim, every effort will be made to recover damages during their lifetime, however sometimes this is not possible if their condition progresses rapidly. In such cases, a surviving relative would often be made claimant.

Similarly it may still be possible for a family member to begin the claims process after the death of a loved one, for example in cases where it was not known that they were suffering from an asbestos related disease until after they died.

In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

Asbestos Compensation

There are two elements to a compensation award. The first is for the pain and suffering that the affected person may have gone through and what is known as loss of amenity. This is called general damages.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have incurred, related to the illness, so that these can be reclaimed. The aim is to put you back in a position financially as prior to the illness of the deceased.

In cases where the injured person has died, many factors have to be taken into account. For example surviving relatives may have depended upon income from the deceased or have to alter their lifestyle.

Specialist Industrial Disease Lawyers

Claims for industrial diseases caused by working conditions can be complicated, so it is important to seek the advice and assistance of an experienced, reputable solicitor. At The Legal Line, our lawyers are specialised in claiming compensation for the victims of industrial disease and can provide you with all the necessary guidance at what is undoubtedly a difficult time.

You can find details of some of the many cases we have previously dealt with below, or in our news and success stories sections:

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Testimonials

"This compensation is not going to bring my health back. But it will make sure my wife will be looked after. It's a big relief to know that this has all been sorted out in my lifetime."

Charles

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Claiming Asbestos Compensation on Behalf of Deceased Relatives

Is an Asbestos Claim for a Deceased Relative Possible?

Industrial Disease Claims Process