Asbestos Compensation After Death
Exposure to asbestos is extremely hazardous. Whether the exposure is fleeting or prolonged, it has the potential to cause serious diseases, such as mesothelioma, asbestos related lung cancer, and asbestosis.
If you or a loved one are diagnosed with an asbestos related disease, you may be entitled to compensation, even if you were exposed decades ago or your loved one has died. These illnesses often lie dormant for many years or decades before symptoms start. However, this won’t prevent you making a claim.
Our specialist team of solicitors can help you access justice for the pain, suffering, and loss caused to your family. We have years of experience working on industrial disease claims and can handle every aspect of the case on your behalf. Our aim is to make this distressing time a little easier, conducting your claim professionally and efficiently to win the compensation you deserve within a reasonable time frame.
Our asbestos solicitors are able to take most of our cases on a no win no fee basis, meaning you’ll pay no upfront fees for our services. We also offer a free initial consultation to all new clients to assess your case and the prospect of making a successful claim.
- No WinNo Fee
- FREE initial consultation
- Help with rehabilitation
Our asbestos solicitors’ expertise
We can help you with a claim on behalf of yourself or on the behalf of a loved one who has died of an asbestos related disease. Our expertise includes claims relating to:
- Asbestos related lung cancer
Many of our cases involve industrial diseases sustained in the course of working with asbestos before it was banned. However, people can be exposed to asbestos in all kinds of situations, including by living with someone who worked with asbestos, doing DIY, or spending time in a building where damaged asbestos was present, such as schools.
Our solid track record means we can conduct your claim efficiently and, using our strategic negotiation skills, we’re often able to help our clients settle for substantial compensation without having to go to court. We may even be able to recover compensation if your former employer or the person responsible is no longer trading.
What is asbestos?
Asbestos describes naturally occurring minerals made up of microscopic fibres. It used to be a common building material in the UK and was widely used for its fireproof properties in insulation, flooring, and roofing.
When intact, asbestos poses little risk. However, when disturbed, for example, during manufacturing, the material is extremely dangerous as the tiny fibres can be breathed into the lungs causing destructive diseases, such as lung cancer, mesothelioma, and asbestosis.
When was asbestos banned in the UK?
The two most dangerous forms of asbestos, blue and brown asbestos, were banned in 1985. White asbestos was banned in 1999.
Although asbestos can no longer be used in manufacturing, many older buildings still have asbestos within their structures (which is safe unless disturbed or damaged, for example, during redevelopment or demolition).
How much asbestos exposure is harmful?
Any level of exposure to asbestos should be considered harmful. This is because, while many people who are exposed never develop a related disease, it may only take a short exposure to result in cancer or a chronic respiratory condition.
Generally, the longer you’re exposed to asbestos, the greater your risk. This is why many asbestos disease cases relate to employees who used to work with asbestos on a regular basis.
Who is responsible for preventing your exposure to asbestos?
If you previously worked with asbestos, your employer was responsible for preventing your exposure to anything which may cause you injury.
Because asbestos diseases usually take a long time to materialise – anywhere between 10 and 80 years – there’s a possibility that your employer will no longer be in business by the time you come to make a claim. In this situation, your employer’s insurers can be held liable.
Buildings constructed before the year 2000 may still contain asbestos as it is generally safe when undisturbed. However, many cases of asbestos related diseases develop when construction work begins on a building containing asbestos.
If you work on or enter a building containing asbestos, the owner or person/organisation responsible for the maintenance and repair of the building has a duty to keep you safe from injury. If you’re exposed to asbestos and subsequently develop an asbestos illness, you may be entitled to sue the owner or manager of the building for negligence.
Who can make an asbestos compensation claim after death?
If a loved one has died of an asbestos related disease, you can make a claim on behalf of the deceased’s estate and you may be able to recover costs for things like hospice fees, care fees, and funeral costs.
You may also be able to seek compensation for emotional pain and suffering by the deceased and also for any financial losses such as loss of earnings. If you were financially dependent on the deceased person, you can also claim compensation under the Fatal Accidents Act 1976.
If you’ve been diagnosed with an asbestos related disease, you may be concerned about passing away before your claim is concluded. We can help you create a Will which appoints a chosen Executor who can continue your claim on your behalf.
What are the time limits for claiming compensation for industrial diseases?
Generally, claimants have 3 years from the point of injury to start a compensation claim. However, the law recognises that asbestos related diseases often take years or even decades to become apparent. As such, the 3 year time limit won’t start until you’re diagnosed.
Additionally, if you die while your claim is in progress, or you are claiming on behalf of a deceased loved one, the 3 year time limit resets from the date of death.
Why choose IBB Claims’ asbestos solicitors for your claim?
At IBB Claims, we specialise in conducting personal injury compensation claims on behalf of clients across the country. We are recognised for our expertise in successfully claiming compensation for clients who have suffered serious personal injury or fatal injuries and their loved ones.
We take a sensitive approach to our clients’ matters, but we also pride ourselves on conducting cases efficiently and dynamically, and we won’t be satisfied until we achieve the very best outcome for you in the circumstances.
The Law Society has also accredited us with Lexcel for our dedication to client care and legal practice management.
Our team includes solicitors who are experts in their field, including our Personal Injury and Clinical Negligence Partner, Malcolm Underhill. Malcolm is a Fellow of the Association of Personal Injury Lawyers (APIL), an organisation which promotes professional development and principles of best practice in the area of personal injury law. Simon Pimlott is a Senior Litigator.
We are independently regulated by the Solicitors Regulation Authority (SRA).