What should I expect on my first contact with a solicitor?
We are a small, dedicated team of just five which allows us to provide a very personal and caring service to all our clients. You will speak to one of our specialist asbestos-disease solicitors or legal assistants. We are here to listen to you and answer any questions you may have.
If you are looking to make an asbestos claim, we will speak to you about your diagnosis or, if you have not yet had a diagnosis, about the medical investigations you have undergone.
Currently, the asbestos-related conditions you can claim compensation for in England and Wales are:
- Mesothelioma
- Asbestos-related lung cancer
- Asbestosis
- Asbestos-related pleural thickening
- Pleural plaques with a restrictive defect on lung function
- Asbestos related pleural effusions (fluid build-up)
We will also speak to you about your working life and how, when and where you were exposed to asbestos. We will make a note of any companies that exposed you to asbestos and these will potentially be defendants to be sued in your claim.
If you have a confirmed diagnosis of a compensatable asbestos-related condition and you are able to confirm sufficient exposure to asbestos with a company to cause that condition, we will research the company and try to trace either the company or insurance for the time you worked there.
Once we have confirmed your diagnosis, have evidence of enough exposure to asbestos and have identified a company or insurer to bring the claim against, we are able to open a file and send you our client care paperwork, including our no win, no fee agreement.
What is the claims process?
The claims process starts with us putting together your witness statement, detailing your employment history from leaving school to date. We will draft a letter of claim to send to the defendant(s), this sets out the details of your claim and they then have a certain amount of time to investigate the claim and respond to us.
We will obtain your full medical records and send these to a medical expert to prepare a report, this will form the basis of the value of your claim as it will detail how your condition affects you and how it is likely to progress in the future. In some cases, you may need to attend an appointment with the medical expert.
We will speak to you about any financial losses you have incurred, such as travel costs for hospital appointments, any aids or equipment you have had to buy to help you at home and any care you have received. This information helps us to draft a schedule of loss.
In some cases, we may need to obtain engineering evidence and we will instruct an engineer on your behalf for this.
We then send the witness evidence, medical evidence, schedule of loss and if needed, engineering evidence to the defendant(s) and invite them to make an offer in settlement of your claim. If they come back with an offer, we will negotiate with them until we are happy that the offer reflects the value of your claim.
In cases where no offer is forthcoming or where the defendants offer much lower sums than our valuation of the claim, Court proceedings will be issued. This does not mean the claim will go to trial and our specialist asbestos disease solicitors regularly settle high value claims through their negotiation skills.
My former employer is long gone, have I still got a claim?
This is something we are asked regularly. For many people, we are looking for companies that were trading in the 1950s, 1960s or 1970s and which ceased trading many years ago. Luckily, we have Helen and Jess, our Legal Assistants who are experts at searching for old companies and tracing insurance for them so we can pursue successful asbestos disease claims.
In rare cases, even our expert researchers are unable to trace insurance, either because records were not kept or because the company failed to hold insurance at the time of employment. If this happens in a mesothelioma claim and there are no other defendants with insurance traced, we would make a claim under the Diffuse Mesothelioma Payment Scheme. If this happens in a non-mesothelioma claim, i.e. a claim for pleural thickening or asbestosis, then the period of employment for the untraced defendant would be taken off the total value of your claim.
How long will the claim take?
Unfortunately, it is impossible to say how long a claim will take to settle. All asbestos claims have their own challenges and issues to overcome. However, our expert team will endeavour to settle your claim as quickly as possible.
We understand how important it is after a diagnosis of an asbestos condition, to have your affairs in order and for your claim to be settled and not dragging on. We have settled mesothelioma claims in as little as two months in the past, to the benefit of our clients.
How much compensation will I get?
The value of asbestos disease claims is dictated by the Judicial College Guidelines and past Court decisions. These give a value bracket for every type of injury or condition. However, the value of your asbestos claim will depend on many factors, not just the asbestos condition you have been diagnosed with, but also, your age, how progressed your condition is, how your condition affects you, whether you are still working or have had to stop working due to your condition and whether you require any care or assistance. These will all impact the value of your claim.
Whilst we cannot give an exact figure, you can use our Asbestos Claims Calculator to give a rough estimate of how much your claim could be worth.
I don’t want to deal with the claim myself, can someone do it on my behalf?
We understand that a diagnosis of an asbestos condition can be a lot to deal with so having to also deal with a claim can be overwhelming for some people. Whilst the person diagnosed with an asbestos condition has to be our client and will need to sign initial no win no fee paperwork and forms of authority, we regularly deal with family members or friends for the day-to-day claim running of an asbestos claim.
In cases where someone has sadly passed away due to an asbestos related condition, the Executor(s) would be our client, again, the Executor(s) would need to sign our client paperwork, but we can liaise with someone else if they do not want to deal with the claim themselves.
I’m not ready to claim right now, can I wait?
It is understandable that after a diagnosis of an asbestos condition, you may not want to go straight into pursuing a claim for compensation. You should, however, be mindful of the time limits for bringing a claim.
There is a three-year time limit for bringing personal injury claims to Court, this means that Court proceedings must be issued within three years of the date of you becoming aware of a significant injury that you should have attributed in whole or in part to the negligence of your employer, you will be prevented from bringing any asbestos compensation claim at any future date. The law dictates that when you experience problems you should make enquiries with your doctor promptly as to the possible cause. The Court can exercise its discretion in extending this time period, but this is not guaranteed.
We would recommend you don’t leave it more than 1 year before your limitation expires as there are several steps that have to be done before Court proceedings can be issued. You should also consult a specialist asbestos disease solicitor about when your time limit period started to run.
In cases where someone has sadly passed away from an asbestos disease, the three-year time limit runs from the date of death.
If someone is diagnosed with an asbestos condition and it is expected that they will not survive it, every effort should be made to preserve their evidence. If they do not want to pursue a claim but the family would like to pursue a claim after they have passed, details of their exposure to asbestos need to be recorded. It is also important that following their death, a post-mortem is done. Without the evidence of exposure and a post-mortem, it is very difficult, if not impossible, to pursue a claim at a later date.
What if my condition worsens after I have settled my claim?
With claims for pleural thickening or asbestosis compensation, we would always recommend our clients settle their claims on a provisional basis. This means that should your condition significantly deteriorate, or should you develop a further asbestos condition, you can return to claim further compensation.
What happens if I die before my claim settles?
Unfortunately, given the nature of some asbestos diseases, this can sadly happen. However, a claim can be continued by the Executor or Administrator of your Estate for the benefit of of your loved ones.
My deceased relative had an asbestos condition, can a claim still be made?
Claims can be made on behalf of a deceased person and the Executor would bring the claim on behalf of their Estate. The main stumbling block for these claims is finding enough evidence of the person’s exposure to asbestos.
As the person has sadly passed away, they are unable to provide the necessary details of their exposure to asbestos. In some cases, we are able to speak to former colleagues who can give first-hand accounts of the work environment and how, where and when the deceased would have been exposed to asbestos.
We may also be able to take evidence from family members who might have spoken to the deceased about their work and their exposure to asbestos.
It is also important, if a claim is going to be made posthumously, that a post-mortem is carried out. Without a post-mortem and evidence of exposure to asbestos, it would be very difficult, if not impossible to pursue a claim for compensation.
I am a smoker/former smoker, will this affect an asbestos disease claim?
We have acted for countless clients who have smoked or are smokers but have also been exposed to asbestos. Smoking and exposure to asbestos has a synergistic effect, meaning that the two work together to increase the risk of someone developing a condition. You can read more about this here.
Am I eligible for any government benefits?
There are a number of government benefits that you may be eligible for if you have been diagnosed with an asbestos-related condition. We regularly help people in applying for these benefits as part of the claims process. Even if we can’t help you pursue a compensation claim, we can still assist with your benefit applications, free of charge.
I was exposed to asbestos in the UK but now live abroad, can I still make a claim?
Yes you can, we have acted for people living in France, Spain, America, Australia and New Zealand. All client contact can be done over the phone and via post or email, so distance is no problem for us. If your exposure to asbestos happened in England or Wales, we can consider whether you have a claim to pursue.
If your exposure to asbestos occurred in Scotland or Northern Ireland, you would need to instruct specialist asbestos disease solicitors in those countries to pursue a claim on your behalf.
Will my claim go to Court?
Whilst we issue Court proceedings in many cases, this does not mean that your asbestos claim will go to trial. The issuing of proceedings protects your claim from the time limitations and if defendants are failing to respond in a timely manner, gives a strict timetable with deadlines, which both parties have to comply with.
It is very rare for a claim end up at trial but, should this happen in your claim, we would ensure you were fully prepared and, as with every part of the claim, we will be with you each step of the way.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or any other asbestos disease then please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.