You can make a claim if you are one of the following:
Suffering from an asbestos-related – If you have been diagnosed with pleural plaques, pleural thickening, asbestosis, asbestos-related lung cancer or mesothelioma you may be entitled to claim compensation.
The Executor or next of kin of a victim of a fatal asbestos-related condition – If your spouse or partner died as a result of an asbestos-related condition without successfully pursuing a compensation claim during his/her lifetime, the claim does not lapse but instead passes to the Executor of the deceased victim’s estate. If therefore you have been appointed as Executor of the deceased victim’s estate you can pursue the full claim. If you are next of kin but not yet appointed as Executor, you can easily be appointed as Executor with the help of your nominated specialist solicitors as part of the process of pursuing the asbestos-related claim.
A relative of a victim of a fatal asbestos-related condition – Under Scots Law, certain relatives can make a claim for compensation for the distress, grief and loss of society caused by the death of their close relative if their relative dies as a result of an asbestos-related condition.
Unfortunately some asbestos conditions are fatal to the victim. Where the deceased victim did not pursue a successful compensation claim during their lifetime, the claim does not lapse on the death of the asbestos victim. Instead the claim passes over to the Executor of the Estate of the deceased. The Damages (Scotland) Act 2011 sets out which relatives can make such claims. They are:
- spouse or civil partner, or long-term co-habitee
- the parent or child of the deceased, including relatives who were accepted by the deceased as a parent or child
- the brother or sister of the deceased, including people brought up in the same house as the deceased and who were accepted by the deceased as a brother or sister
- the grandparent or grandchild of the deceased, including relatives who were accepted by the deceased as a grandparent or grandchild
It is important to note however that these forms of compensation claims can only be pursued if the compensation claim of the deceased asbestos victim was not discharged (that is, paid out) during the life-time of the victim, except where the asbestos victim dies of mesothelioma, in which case the ‘immediate family’ can still pursue a claim for loss of their loved one, even if the relative had settled his/her claim in full before passing away.
If you have lost a family member from an asbestos-related illness please call us today to discuss your eligibility to compensation on FREEPHONE 0808 164 7740 or speak with us via our LIVE CHAT. You might prefer to forward a copy of any correspondence to us, (including medical report, letter, scan or x-ray report etc) in a plain envelope addressed to ‘Freepost SCOTTISH ASBESTOS HELPLINE’ – Please remember no stamp is required. Alternatively you can email us at email@example.com.
Unlike the system in England and Wales, the compensation available to the deceased’s “immediate family” for “distress, grief and loss of society” is not limited by tariff sums and are instead determined on a case-by-case basis by courts (either by a Judge or even by a Civil Jury). Each claim is valued independently of any other claims by “immediate family” members. The value depends on a number of factors, including the age of the relative at date of death, the likely life expectancy of the deceased but for the asbestos condition, the strength of the relationship between the deceased and the family member claiming, and the age and life expectancy of the family member claiming.
Typical value of a relative claim for “distress, grief and loss of society” are as follows:-
(a) Surviving spouses – £75,000.
(b) Surviving adult child – £30,000 to £35,000.
(c) Surviving grandchildren – £12,000 to £18,000.
(d) Surviving brothers and sisters – £8,000 to £12,000.
It should be noted that even if the claim of the asbestos victim is itself successfully pursued and settled during the lifetime of the victim, if the victim subsequently dies due to Mesothelioma, the claims of the “immediate family” for “distress, grief and loss of society” are preserved and can be made in full.
Your solicitors can deal with your enquiry even if you were employed or exposed to asbestos in England, Ireland or Wales
Call us today for free on:
0808 164 7740
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