Claiming mesothelioma compensation after death

Posted: 6th Mar 20 10:00 AM

If a loved one has died from mesothelioma, it can be possible to make a claim on behalf of their estate and any dependants they have left.

Mesothelioma is an aggressive cancer caused predominantly by exposure to asbestos dust and fibres. Mesothelioma affects the lining of the lungs (the pleura) and can also affect the lining of organs in the abdomen (the peritoneum) and the lining of the heart (the pericardium).

Symptoms of mesothelioma usually appear in late stages of the cancer’s development and because of this, most cases of mesothelioma are diagnosed at advanced stages.

Who can make a mesothelioma compensation claim after death?

Claims for mesothelioma after death can be brought forward by the executors of the deceased’s estate; trusted individuals nominated to carry out the deceased’s wishes named in their will.

“I cannot express enough of the thoughtfulness, care, compassion and support I received from her during the emotional and stressful time that I was going through having to relive all what had happened during the ten months of John’s illness and our life together.”
Jacqui Hannabuss

Mesothelioma compensation after death

Is there a time limit to make a compensation claim?

All personal injury claims made in England and Wales fall under the Limitation Act 1980. This legislation sets a 3-year time limit for making a personal injury claim, known as a limitation period.

When does the limitation period begin?

In general, the limitation period begins from the date of diagnosis of an asbestos-related disease, or the date they should have reasonably known of their disease.

If the victim was still within the 3 year limitation period, then the time limit will restart from the date of their death for their executors to bring forward a or continue their claim.

For free legal advice call the National Asbestos Helpline on Freephone 0800 043 6635 or contact us online and we will call you.

How long do mesothelioma claims take?

Because mesothelioma is such a serious disease, our expert legal team from Birchall Blackburn Law is able to fast track your legal procedures, allowing most mesothelioma cases to finish in 3-6 months.

It can often be difficult to give a more accurate estimate, as every case has different circumstances – your solicitor should always advise you about anything that could affect your claim.

If you or a loved one has been diagnosed with mesothelioma get in touch with the National Asbestos Helpline by calling us on Freephone 0800 043 6635 or sending an email to enquiries@nationalasbestos.co.uk and we will call you back.

Further reading

How can compensation for asbestos disease help?

How is mesothelioma diagnosed?

What is the asbestos compensation claims process?

What will an experienced mesothelioma lawyer do?