Losing a beloved family member to an insidious illness like mesothelioma or asbestosis is a profoundly painful experience. In the midst of grief, legal matters are often the furthest thing from your mind. However, it is important to know that the right to compensation for the injustice your loved one suffered does not necessarily end when they pass away.
The law recognises the immense harm caused by negligent asbestos exposure, and it provides a pathway for families to seek justice and financial security even after a death. These claims can provide acknowledgement of the suffering that occurred and help secure a family’s future. There are generally two distinct types of claims that can be pursued.
1. A Claim on Behalf of the Estate
This claim is brought by the executor of your loved one’s will. It is, in effect, the continuation of the claim the person who passed away was entitled to make for themselves. The compensation sought here is for the pain, suffering, and loss of quality of life they endured from the onset of symptoms until their death.
This is known as a claim for “non-economic loss” or “general damages.” It acknowledges the physical and emotional toll of the illness. Any damages awarded for this part of the claim are paid into the deceased’s estate and are then distributed to the beneficiaries according to the terms of their will.
2. A Claim for Financial Dependants
This is a separate and distinct claim brought by family members who were financially dependent on the person who passed away. This can include spouses, de facto partners, and children. The purpose of this claim is to compensate those family members for the financial losses they have personally suffered, and will continue to suffer, as a result of the death.
This compensation can cover several areas:
- Loss of Financial Support: This includes the loss of the income or pension that the deceased would have contributed to the family household for the rest of their expected life.
- Loss of Services: This compensates for the loss of practical services the deceased provided to the family. This can include childcare, domestic duties like cooking and cleaning, home maintenance, gardening, and handyman work. The law recognises these services have a real financial value that now must be replaced.
Navigating these claims requires not only legal expertise but also profound compassion and sensitivity. At Segelov Taylor, we understand the emotional difficulty of this process. We guide families with care, managing all legal aspects so you can focus on supporting one another. If you have lost a loved one to a dust disease, please contact us for a confidential, no-obligation discussion about your family’s rights.