Making an Asbestos Claim after Death

Author:
Gavin Evans
Partner, Industrial Disease Lawyer
Date:
12/06/2019

You can make a claim for compensation for an asbestos related disease after the death of a loved one or family member.

If the deceased person left a valid Will, then that will dictate who can take out a Grant of Probate and bring a claim on behalf of the person’s Estate.

If a Will wasn’t left, then the next of kin can take out Letters of Administration and make the asbestos claim or continue the claim on behalf of the Estate.

For free legal advice get in touch with our Personal Injury Solicitors. We may be able to deal with your case on a No Win, No Fee basis – ask us for details.

Call us on 08002605010 or request a callback and we will help you.

If Court proceedings have already been issued, then the pleadings will need to be amended to substitute the Executor or Administrator of the Estate for the deceased. This can only been done once a Grant of Probate or Letters of Administration have been taken out through the Probate Registry (Court).

In the asbestos compensation after death cases we deal with, our Personal Injury Solicitors can take out the Grant of Probate or Letters of Administration for you to minimise the inconvenience at what’s already a very difficult time. The asbestos claim can then proceed as normal.

The only real difference is that now the way in which the Court calculates the loss of income part of the claim changes slightly, and also expenses such as the cost of the funeral can now be added to the amount of compensation being claimed.

In addition, a bereavement award can be claimed after the asbestos victim’s death. This is a figure set by HM Government and is currently £12,980.

Asbestos Claims before Death

We can still proceed with the case on a No Win, No Fee basis. However, it’s important to gather as much evidence in support of the case as quickly as possible once instructed by a client who has been diagnosed with an asbestos related condition. This is crucial to the success of the case - although witnesses can often be traced after a client has died.

Our Personal Injury Solicitors make sure we gather as much evidence as quickly as we can and with the minimum of inconvenience to the client and their family.

A comprehensive witness statement from the client is one of the most urgent requirements, particularly where we are only instructed at a relatively late stage of the asbestos disease.

This increases the prospects of success with the case and improves the chances of the insurers agreeing to settle the case rather than letting it go to Court.

If you, a relative or friend have been diagnosed with an asbestos related disease or a relative or friend has died from an asbestos disease in the last 3 years, then get in touch with our Personal Injury Solicitors for a free consultation, and we can advise you on the likelihood of your claim being successful.

For free legal advice call our Industrial Disease Solicitors

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