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Unfortunately, the serious nature of asbestos-related illnesses such as mesothelioma and lung cancer means that some of our clients die before we can settle their claim. You may be worried about what happens to your family in these circumstances, but it’s possible for loved ones to continue your claim, providing some financial security for them.
We’ve worked with many families in this situation so can talk you and your family through the claims process, ensuring everyone is clear on what will happen if you die before your compensation claim is settled.
If you’ve written a Will, your claim can be continued by the “executor” (the person you nominate to manage your estate when you die). Our in-house Wills team can help if you don’t have a Will, or if you’d like to review an existing Will to ensure that it provides proper security for your loved ones.
If a claim is underway at the time of death, loved ones have three years from that point to continue with the case. It’s also possible for family members to start a claim on behalf of a loved one who has died, and again there is a three year window after death in which this is possible.
We can also help families at inquests, ensuring you are represented and able to get answers about what happened.
Dealing with bereavement is incredibly difficult. We can help in a number of ways, from advising you on state benefits to dealing with the Coroner. Find out more about our bereavement services.
A statutory bereavement award is provided in the event of an unlawful death and currently stands at a fixed sum of £12,980. After you die, your family might be entitled to a statutory bereavement award as well as any compensation that’s awarded in a legal claim. The award is handled differently in Scotland, where the compensation amount is considered on a case by case basis.
Your spouse or civil partner could be entitled to a statutory bereavement award as a result of your asbestos exposure.
If a loved one has passed away as a result of asbestos-related disease, our solicitors could help you make a claim. Phone us on 0800 056 4110 to set up a free initial consultation, or contact us online.
All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.
* Subject to entering into a No Win No Fee agreement in conjunction with our Allianz Litigate insurance policy and complying with your responsibilities under its terms.
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