The Claims Process
Whilst it is difficult to give a timeframe for how long it will take to settle a claim, we aim to settle claims as quickly as possible.
Cases involving asbestos can take longer to deal with than mesothelioma cases as many other agents can cause lung cancer such as tobacco smoke. Each claim is different and some claims can be more complex than others but our team of specialists pride themselves on dealing with asbestos lung cancer claims as quickly as possible. We understand that asbestos related disease sufferers require compensation on an urgent basis to help with care and equipment as well as to look after loved ones.
Our specialist asbestos disease lawyers have regularly recovered compensation for mesothelioma and lung cancer sufferers and their families within 12 months of receiving details of claims and this shows what can be possible.
Mesothelioma is treated in law as an “indivisible” condition. This means that if one party has been found responsible for exposing you to asbestos then they will be responsible for paying your compensation in full.
Initial call and advice
Depending on your preference, our specialist asbestos solicitors will either talk to you about your asbestos claim over the phone or face to face in the comfort of your own home. If you are particularly poorly, a meeting can be arranged on an urgent basis to take place within a couple of days.
We will discuss how the claims process work in full including how your case would be funded. Our specialist asbestos lawyers will then advise you on the prospect of succeeding in your claim for asbestos compensation.
To give you piece of mind, we offer an entirely no win, no fee service.
At the outset of your claim, our team will apply for your medical records and schedule of employment from the HMRC as well as any information relating to your income, which will be required at a later time in the claim.
We will also help you apply for any state benefits you may be entitled to as a sufferer of an asbestos disease such as Industrial Injuries Disablement Benefit and Attendance Allowance.
The key to any successful claim for asbestos compensation is witness evidence. Our specialist asbestos solicitors will take a detailed statement from you, family members and former work colleagues, covering your past exposure to asbestos. This will also cover your past smoking history which is relevant to a claim for asbestos compensation. The statements will form the basis of your claim for asbestos disease compensation.
We successfully dealt with a complex asbestos claim based on witness evidence. Read Mrs F’s story here.
Letter of claim
We will send a detailed letter of claim to your past employer, their insurers or any other responsible party, referring to the circumstances of your asbestos case. Whilst such parties usually have 3 months to fully investigate the circumstances of asbestos claims, our team of specialist asbestos lawyers regularly receive responses on liability well within this timeframe which speeds the compensation process up further.
The letter sets out how you were exposed to asbestos, lists a number of allegations and details what we will be claiming for in your asbestos lung cancer compensation claim.
Medical and engineering evidence
In order to support your claim for asbestos compensation our team of specialist asbestos lawyers will instruct a specialist chest physician to prepare a medical report covering the cause of your asbestos related condition.
In mesothelioma claims there is usually no requirement for a sufferer to undergo a medical examination as reports can be prepared on the basis of someone’s medical records and x-rays alone which will be provided to the expert. This speeds up the compensation process.
In claims for other asbestos conditions there may be a need to attend a medical examination. We aim to arrange appointments with experts as close to client’s homes as possible.
Our team of specialist asbestos solicitors are in regular contact with medical experts who can prepare medical reports in support of cases within a matter of weeks. This forms part of the high level of service we offer in asbestos related cases.
In some asbestos cases there is a need to obtain further expert evidence from a Consultant Engineer who will be asked to prepare a report on the extent of your exposure to asbestos. This is sometimes required to show that someone’s asbestos exposure was significant enough to establish that their diagnosed condition is asbestos related rather than being due to any other cause.
Schedule of loss
Our team of specialist asbestos lawyers will also prepare a Schedule of Loss, using information obtained from you on your level of income. This document further supports your claim for asbestos compensation and refers to other elements to be claimed for as well as compensation for your condition itself. Other losses include care and assistance, aids and equipment, dietary supplements and travel costs.
Settlement/issue in court
The vast majority of cases settle without the need to go through to a final Court hearing but if your former employer or any other responsible party fails to agree to settle your claim for asbestos compensation, then there may be a need for Court proceedings to be issued.
This does not mean that your claim would end up at Court but does serve to focus the other party’s mind and can result in the swift recovery of asbestos compensation.
If Court proceedings do need to be issued they will be filed under a specialist asbestos claims procedure. This will result in a first hearing taking place, without the need for you or your family to attend, within a matter of weeks.
It is possible at the time of the first Court hearing to establish liability if the other party fails to show that they have viable defence to your claim. If this does occur, then your case will be referred for another hearing to allow a judge to assess the level of asbestos compensation you should receive.
On the rare occasions cases do proceed through to a final court hearing, we will arrange for a specialist asbestos disease barrister to represent you at Court. It is very rare that sufferers have to attend Court to secure their compensation in these circumstances.
Contact us today
We pride ourselves on prioritising our asbestos compensation claims and ensuring that they are dealt with swiftly and professionally with empathy and understanding. We promise to regularly keep you informed on what is happening with your case at every stage.
See our testimonials page for more information about what our past clients have to say about the level of service they received in their asbestos compensation claim.
Speak to one of our specialist solicitors today to find out if you could make a claim. You can contact us on our freephone number: 0800 038 6767.