Conditions such as mesothelioma, asbestosis and lung cancer result from exposure to asbestos fibres. This exposure will often have occurred in the course of an individual's employment. Asbestos was historically used in buildings for insulation and fire protection. Since 1999 the use of asbestos has been prohibited. However, as mesothelioma can remain latent for up to 50 years, it is no surprise that we continue to see new cases being reported to date.
How do I go about making a claim for industrial disease?
Mesothelioma and lung cancer are life limiting conditions with low survival rates. Anyone diagnosed with such a disease should take specialist expert advice on pursing a claim for compensation. It is important to think about how you will pay for the care and treatment that you may require and to ensure that your family is provided for when you are no longer able to do so.
The claim process will involve an initial period of investigation during which we will obtain the necessary evidence to link your condition to your working environment. You will be examined by a medical expert and we will undertake enquiries to establish who your claim should be directed against. We will then calculate the value of your claim and assist you with arranging care or rehabilitation where appropriate. We will fight tirelessly to protect your best interests to the conclusion of your claim.
How much compensation should I expect?
The exact value of your claim will depend on the extent of the harm that you have suffered and the other losses that have resulted from that. The compensation awarded to you will take into account the following:
- The extent of your pain and suffering (this award is known as solatium in Scotland)
- If you have had to stop working as a result of your illness then you may be entitled to an award of past and future loss of earnings. You may also be entitled to a loss of pension rights.
- Care and support needs - both now and in the future
- Modifications to your home
- Mobility aids
- Losses of family members
How long will my claim take?
The duration of each claim will vary depending on its own particular facts and circumstances. The amount of investigation required and the approach of the defenders to the proceedings will affect the length of time taken to settle a claim. We will quickly establish the facts and progress your claim to a successful conclusion, where appropriate we will raise court proceedings and request payments of interim damages on your behalf.
Are there any time limits with regard to making a claim?
A claim requires to be brought within three years of the date of knowledge of the presence of the disease. This is usually the date of diagnosis by a medical expert. The court do have the discretion to allow claims to proceed "out of time" but good reasons need to be given for the delay and the court will consider carefully whether the delay has prejudiced your opponent in being able to investigate and respond to your claim. It is very important therefore that you act promptly upon receiving information that you may be suffering from an asbestos related disease.
Some diseases can take up to 50 years to fully develop, so it's important to remember that the three year time limit doesn't begin from the date you were exposed to a harmful substance.
What if my employer has ceased trading?
Since symptoms of asbestos related disease can take decades to develop. in some cases the company responsible for asbestos exposure will have stopped trading. Even if the employer no longer exists, we can still pursue a claim by tracing their former insurer. If a person has been exposed to asbestos whilst working at a number of companies, we will only need evidence of one liable company, or their insurers, in order to make a claim.
How much will it cost to make a claim?
We have a variety of funding packages that we would be happy to discuss with you. Following an initial investigation, we are able to accept many cases on a "no win no fee" basis which means that you will not need to pay for the work undertaken as the case progresses. If we are unable to negotiate settlement of your claim with the other side, then it may be necessary for us to raise court proceedings on your behalf. In those circumstances we are able to provide competitive After the Event Insurance cover which protects you from any award of expenses in the event that your claim is unsuccessful.
If you wish to speak to someone in our specialist industrial disease team please call us on 0800 988 8082 or complete our online enquiry form.
