If you’ve lost someone you love to mesothelioma, asbestosis or another asbestos-related illness, you may be wondering whether your family can still pursue a compensation claim. The answer is yes. There are two main routes available: a claim on behalf of the deceased’s estate and a separate claim by dependants for their own financial losses. Both can be pursued together, and a claim remains possible even if the exposure happened decades ago, the employer no longer exists, or your loved one passed away without having started legal proceedings themselves.

We understand that navigating a legal process is the last thing on your mind when you’re grieving. Our specialist asbestos and mesothelioma solicitors at Ashtons Legal are here to guide you through every step, with sensitivity and care. Get in touch with our team today for a free, no-obligation discussion.

What are the two types of claim available to family members?

When someone dies from an asbestos-related disease, the family can typically bring two separate claims at the same time.

Estate claim under the Law Reform (Miscellaneous Provisions) Act 1934

This claim is brought on behalf of the deceased person’s estate, usually by the executor or administrator. It recovers losses your loved one suffered before they died, including pain and suffering experienced during their illness and any financial losses up to the date of death.

Dependency claim under the Fatal Accidents Act 1976

This claim is brought by dependants in their own right. It compensates family members for their own financial losses arising directly from the death, including loss of financial support and the loss of practical services the deceased provided around the home.

Both claims are typically brought together and handled by the same legal team.

Who can bring a dependency claim?

A dependency claim under the Fatal Accidents Act 1976 can be brought by a range of family members, including:

• Spouses and civil partners
• Former spouses and civil partners in some circumstances
• Cohabiting partners who lived with the deceased for at least two years immediately before the death
• Children and stepchildren
• Parents and other close relatives in some circumstances

Financial dependency doesn’t have to be total. Partial dependency is sufficient. A claim for loss of services, such as cooking, cleaning, childcare or DIY, can be made even where there was no direct financial dependency in the traditional sense.

What compensation can be recovered?

A successful fatal asbestos claim may recover a range of losses, including:

• Pain, suffering and loss of amenity experienced by the deceased before death
• Lost earnings and pension losses up to the date of death
• Funeral expenses
• A bereavement award: a fixed statutory sum available to spouses, civil partners and parents of unmarried minors
• Loss of financial support that dependants relied upon
• Loss of services the deceased provided, such as cooking, cleaning, DIY, childcare and gardening
• The value of care provided to the deceased by family members before their death

Find out more about the types of compensation available in mesothelioma claims.

What if the person died without making a claim themselves?

This is a concern many families share, and we want to reassure you: the fact that your loved one never started a legal claim is not a barrier to bringing one now. A claim can still be pursued by the estate and by dependants after death.

That said, time limits do apply, so it’s important to take advice as early as possible. Our team will assess your position and advise you on the next steps.

What if the employer no longer exists?

Many families worry that a claim is impossible because the employer responsible for the asbestos exposure closed years ago. This is rarely the case.

Employers were legally required to hold employers’ liability insurance. Even where a business no longer trades, the insurance policy that covered their liability may still be traceable. The Employers’ Liability Tracing Office (ELTO) maintains a database that helps identify historic insurers in exactly these situations.

Where neither the employer nor their insurer can be found, the Diffuse Mesothelioma Payment Scheme provides an alternative route to compensation. Our team has experience navigating all of these routes and has successfully recovered compensation for families in these circumstances.

What are the time limits for a fatal asbestos claim?

In most cases, a fatal asbestos claim must be brought within three years of the date of death, or within three years of the date on which the family first became aware that the death was linked to asbestos exposure, whichever is later.

The “date of knowledge” rule can be significant. If the connection to asbestos was only established after the death, through a post-mortem or a later medical review for example, the three-year period may run from that point rather than the date of death itself.

If the deceased had already started a claim before they died, different rules may apply. We strongly encourage you to contact us even if you’re uncertain about dates or worried that too much time has passed. Please don’t assume a claim is out of time without first taking advice. Read more about asbestos claim time limits on our dedicated page.

What about “secondary exposure” claims?

Some family members have themselves developed mesothelioma after regularly washing a worker’s asbestos-contaminated clothing, or from living closely with someone who brought asbestos fibres home. If this applies to you, you have your own personal injury claim, entirely separate from any claim arising from your loved one’s death.

We recognise this may come as an unexpected and distressing discovery. Our team will handle your situation with sensitivity and advise you on the options available. Find out more about who is affected by asbestos disease.

What if the deceased worked for multiple employers?

Asbestos exposure often occurred across several different jobs and employers over a working lifetime. Under the Compensation Act 2006, where mesothelioma was caused by exposure from more than one source, a claim can be brought against any one of the responsible employers or their insurers.

Our legal team will investigate the full employment history of your loved one to identify all potential defendants. You don’t need to piece together decades of records on your own; we carry out this work on your behalf.

Does it matter if the death was not recent?

If your loved one died some years ago, it’s still worth contacting us. As explained above, the three-year period runs from the date of death or the date of knowledge, and the knowledge rule can extend the time available in some cases.

We encourage you to take advice before assuming a claim is no longer possible. Our team will give you an honest assessment from the outset.

How Ashtons Legal can help

At Ashtons Legal, our specialist personal injury team has extensive experience in fatal asbestos claims, including mesothelioma, asbestosis and asbestos-related lung cancer. We co-founded the Anglia Asbestos support group and have fundraised to support a specialist asbestos nurse at the Norfolk and Norwich University Hospital. Our solicitor Vicki Clover is widely recognised for her dedication to those affected by asbestos-related diseases.

We act for estates, dependants and those pursuing secondary exposure claims, and we’re experienced in tracing historic employers and insurers and in accessing the Diffuse Mesothelioma Payment Scheme. Our team holds accreditation from the Association of Personal Injury Lawyers (APIL) and is recognised in both Chambers UK and The Legal 500.

Because losing someone touches every part of family life, we can also connect you with our colleagues in Wills and estate administration, so that legal matters beyond the claim itself are handled by people who understand your full situation.

All of our fatal asbestos claims are handled on a “no-win, no-fee basis”. You’ll receive clear, honest advice on the merits of your case from the outset, with no surprises on costs.

Contact our asbestos solicitors today

If you’ve lost a loved one to an asbestos-related illness, please don’t hesitate to get in touch. Our team can offer a free initial consultation, with no obligation.

You can contact our specialist asbestos and mesothelioma solicitors at our offices in Bury St Edmunds, Cambridge, Ipswich, Leeds or Norwich. Alternatively, please complete our online enquiry form and a member of our team will be in touch as soon as possible.