Losing a loved one is always deeply painful, particularly when their death is linked to an asbestos-related disease that could have been prevented. At Asbestos Justice, we specialise in supporting families affected by asbestos exposure and can help you explore whether a compensation claim can be made on behalf of someone who has passed away.
While compensation can never replace a lost life, it can ease financial strain, secure justice, and hold those responsible to account.
Asbestos Exposure: A Legacy That Still Claims Lives
Despite its ban in the UK in 1999, asbestos remains a deadly threat. Due to the long latency period of asbestos-related illnesses – often 10 to 40 years after initial exposure – many individuals are only diagnosed decades later. Tragically, some pass away without ever knowing they were exposed or realising they had grounds for a claim.
According to the Health and Safety Executive, around 5,000 people die each year in the UK from asbestos-related conditions such as mesothelioma, asbestos-related lung cancer, and asbestosis.
Why Claims Are Sometimes Made After Death
There are several reasons why someone may not have made a claim during their lifetime:
- They were too unwell to pursue legal action
- They believed they couldn’t claim because their former employer no longer existed
- They did not realise their illness was connected to past asbestos exposure
In other cases, the presence of an asbestos-related disease may only be discovered after death, often through a post-mortem examination. In such instances, it’s vital that samples are preserved during the post-mortem, as these may be critical to a successful legal claim.
Who Can Bring a Claim on Behalf of the Deceased?
If your loved one had a valid will, the Executor of their estate is responsible for bringing a claim. If they died without a will (intestate), the court will appoint an Administrator according to intestacy laws. In both cases, a Grant of Probate or Letters of Administration must be obtained to proceed with the claim.
Our team can guide you through these legal steps and handle the process sensitively on your behalf.
Time Limits: Why Acting Early Is Crucial
There is a strict three-year time limit for bringing asbestos-related claims following the date of death. If court proceedings are not issued within this window, your right to claim may be lost permanently. Although courts can sometimes extend this limit, there is no guarantee they will do so.
To avoid complications or missed deadlines, we strongly recommend speaking with a specialist solicitor as soon as possible.
What if a Claim Was Made During Their Lifetime?
If your loved one received compensation before passing, it may still be possible to bring a “return” claim, depending on whether the original settlement was made on a provisional basis. We can review any previous agreements and advise on the options available.
Establishing Asbestos Exposure
To succeed in a compensation claim, it’s necessary to show how, where, and when the asbestos exposure occurred, and who was responsible. While workplace exposure is the most common cause, other routes, such as secondary exposure (e.g., asbestos fibres brought home on work clothing), are also recognised in law.
Even if you’re unsure of the full details, we can help trace your loved one’s employment history and identify their former employers or insurers—even if the company has ceased trading. We draw on a comprehensive database of historical claims, witnesses, and defended cases to support this process.
Support Every Step of the Way
At Asbestos Justice, we specialise in helping families affected by asbestos exposure. Our experienced solicitors will handle your claim on a no win, no fee basis and provide the compassionate, practical support you need during a difficult time.
If you would like to discuss a possible claim on behalf of a loved one, call us today on 0800 038 6767, or visit our Contact Us page to complete a short enquiry form. We’re here to help.