Asbestos Claims on Behalf of Deceased Family Members

The (latency) period between getting exposed to asbestos and developing symptoms usually lasts a minimum of 10 years and many more in most asbestos cases. It is not unheard of for the latency period to last for 30,40, 50 or even 60 years. Therefore, by the time they receive a diagnosis of asbestos disease, most asbestos victims are close to retirement age or are well beyond it.

The cancerous diseases of mesothelioma and asbestos-related lung cancer are caused by frequent and intense exposure to asbestos dust for long periods. Therefore, when a diagnosis is made, the cancer is generally already at a late stage.

Sadly, by the time mesothelioma and asbestos lung cancer victims have received a diagnosis, they may have little time to live. Some patients pass away before they can seek legal advice from an asbestos disease solicitor about making a claim.

Other asbestos sufferers die without knowing they have an asbestos illness, and it is only after an inquest has been carried out to establish the cause of death that asbestos disease is implicated.

If you cannot find the information that you are looking for, simply contact us using this form or by calling us on 0800 987 8809. We will be only too pleased to try and help you.

Protecting health. Enhancing awareness. Working towards a safer future.

If someone dies before making an asbestos claim, can their family claim on their behalf?

1. What is the position where an asbestos claim had already started before the asbestos victim died?

If an asbestos claim was started, meaning court proceedings were issued before the asbestos victim passed away, the existing claim can be taken up on behalf of the deceased’s estate.

If the deceased left a Will, it would name the executors and beneficiaries under the Will.

After obtaining a Grant of Probate, the executors must liaise with the deceased’s solicitors until the claim is concluded and asbestos compensation recovered. The solicitor now takes their instructions from the executors. At the successful concussion of the asbestos claim, the solicitor will pay compensation to the beneficiaries named in the Will following the deceased’s wishes.

If the asbestos victim died without making a Will, they are said to have died intestate.

In that case, the rules on intestacy set out who inherits the deceased’s estate, and it is they who will apply for Letters of Administration, similar to a Grant of Probate. After that, any compensation recovered in the asbestos claim will be paid out to those who the intestacy rules say should inherit the deceased’s estate.

2. What is the position when no asbestos disease claim has been started before the asbestos victim’s death?

If it is suspected that the deceased died from asbestos disease, the death has to be reported to the coroner, who then opens an inquest, a type of court hearing, the aim of which is to find out the cause of death.

The coroner can ask for a post-mortem examination to be carried out, during the course of which a sample of lung tissue may be taken from the deceased’s lungs to help establish whether the asbestos disease was the cause of death.

The coroner at the inquest will hear from witnesses, including the deceased’s family members and former work colleagues. The latter may be able to confirm the extent to which the deceased was exposed to asbestos at work. The pathologist who carried out the post-mortem may also need to give evidence.

When the inquest has ended, the coroner will give their verdict on the cause of death. If they conclude that asbestos disease was the cause, the coroner will announce a finding of ‘death by industrial disease’.

The findings of an inquest are intended to help bring closure to the deceased’s family.

However, if the inquest concludes that asbestos disease was the cause of death, the finding of ‘death by industrial disease’ will assist the deceased’s family should they decide to pursue an asbestos compensation claim on behalf of their loved one.

Going through an inquest process is traumatic for the deceased’s family. In addition, the inquest process is challenging to understand.

At the same time, inquests provide an essential function. Should you be considering bringing an asbestos compensation claim against your loved one’s former employers, the evidence brought out at an inquest can prove extremely helpful.

Asbestos Claims Solicitor UK

The experienced asbestos team at Bridge McFarland LLP has extensive experience in representing the families of asbestos victims at inquests into the death of their loved ones.

Asbestos Awareness is dedicated to informing, educating, and supporting people in relation to asbestos-related diseases.

For further information, or to speak to a member of our experienced medical personal injury solicitors, please call 0800 987 8809. Alternatively, you can fill in this contact form.

To discuss making an asbestos compensation claim, please complete the form below to receive an email or a phone call from us.