Losing A Loved One From Asbestos-Related Illness
- AuthorJCP Solicitors
If you lose a loved one from an asbestos-related disease, as well as the emotional suffering, you may also be suffering financially. You may be thinking about making a claim but are unsure where to start. Even if you think that a claim may be unlikely, it is always worth speaking with a legal expert who specialises in Asbestos as every situation can be different.
Any claim would need to be brought by the executors or administrators of the person’s estate, who are named in his Will. If there is no Will, the law indicates who can be the administrators of the estate - usually the next of kin.
In order to be successful, you will need to have medical evidence to show that the person who passed was suffering from an asbestos-related disease, including Mesothelioma, Pleural Thickening, Asbestosis or Asbestos-related lung cancer. You will also need to show that the disease was caused as a result of someone negligently exposing that person to asbestos. Even if an employer or former employer has now gone out of business, a claim can still be pursued with the employer’s insurer.
Asbestos-related diseases can sometimes be difficult to diagnose. Symptoms can take decades to show and there are many reasons why a diagnosis in life might not be possible. So, sadly in some cases, a first diagnosis may only be confirmed in a post-mortem.
Time-limits apply when it comes to pursuing a compensation claim. A living asbestos victim has three years within which to bring a claim for compensation and this deadline usually runs from the date they knew or should have known, that they had been harmed by their asbestos exposure. This is often the date when they were first diagnosed. As long as your loved one was still within this three-year time limit when they passed, then you have a further three years from the date of death to bring a claim. In some circumstances, The Court may grant permission for a claim to be pursued outside this three-year time-frame, but only in very limited circumstances.
It is very important to seek legal advice before going through this process, as it can be complex and, of course, taxing for families who are grieving.