Asbestos Related Lung
Cancer Compensation Claims
Asbestos-related lung cancer is not the same as mesothelioma.
Asbestos-related lung cancer tends to affect the lung itself, whereas when mesothelioma develops in the lungs, it affects the lining of the lung.
A history of heavy asbestos exposure can be associated with an increased risk of developing lung cancer. We have dealt with a number of such cases involving laggers, asbestos factory workers and demolition workers.
Compensation can be claimed for asbestos-related lung cancer.
Compensation For Asbestos Related Lung Cancer
If you have been diagnosed with asbestos-related lung cancer, we may be able to help you with asbestos lung cancer compensation.
To start looking into a claim, we first need to confirm your diagnosis. We then need to establish whether asbestos has played a part in the development of the cancer. This can be a complicated matter as there are multiple potential causes of lung cancer.
In order to prove that asbestos has contributed to the risk of developing lung cancer, we need to prove a very heavy history of asbestos exposure, such as that seen with asbestos laggers or those who worked in asbestos factories.
If you have smoked, this does not mean that your lung cancer is not asbestos-related. Smoking, along with asbestos exposure, puts you at a greater risk of developing lung cancer.
STEP 1
Diagnosis
You may have a letter from your treating medical team which confirms your diagnosis. However, we are often contacted after an appointment, and no written proof has been provided yet.
This is not a problem as we can provide you with a form of consent to allow us to obtain your full medical records from your GP and any hospital you have attended. We will then review your medical records in full and consider the diagnosis alongside your account of how you have been exposed to asbestos.
STEP 2
Your employment history
We then need to establish where, when and how you were exposed to asbestos. Our specialist asbestos disease solicitors will go through your employment history and help identify any companies that may have exposed you to asbestos.
STEP 3
Gaining evidence of exposure
We will request your schedule of employment from the HMRC (Inland Revenue) which will help with this. This will detail all the tax years and companies you worked for from 1961/62, when their records began. We will then discuss with you the nature of your work with each company and how you were exposed to asbestos. Our experience allows us to ask relevant questions to help build up your asbestos exposure evidence.
We will then consider the extent of your asbestos exposure and consider whether we are likely to be able to prove that it has materially contributed to the risk of you developing asbestos-related lung cancer. There are certain thresholds we must reach, and this will be fully assessed as part of any claim.
STEP 4
Establishing a defendant
Once we have established the nature and extent of any asbestos exposure, we can start our company research, trying to find out if the relevant companies are still trading. If not, we will use our experience to try and trace insurance for the time you worked there.
Unfortunately, sometimes we are unable to trace an active company or insurer, and so a legal claim for asbestos disease compensation cannot be brought.
Once we have confirmed your diagnosis, identified a potential defendant and sufficient exposure to asbestos, we can proceed with a claim and act for you on a no win, no fee basis.
Elements of a Claim
What Will Compensation be Claimed For?
There are two aspects to each claim:
General Damages
This includes an amount for the pain, suffering and loss of amenity caused by your asbestos-related lung cancer.
To help value this, we will instruct an independent medical expert to write a report detailing how you have been affected by your condition and what the likely prognosis is. This will not usually involve attending a medical appointment.
Generally speaking, the report will be compiled on the basis of your medical records. The report will then be considered alongside the Judicial College Guidelines, allowing us to value this part of the asbestos-related lung cancer claims.
Special Damages
This relates to any financial losses you have suffered as a result of your diagnosis. This can include:
- Loss of earnings - if you are/were still working at the time of your diagnosis and are no longer able to continue to do so you can claim loss of earnings.
- Care and Assistance - if your condition has progressed to the point where you are no longer able to do some things for whether it be privately paid nursing care or care provided by a family member. This includes assistance with attending medical appointments, shopping, housework and gardening.
- Adaptation costs - including stairlifts and bathing aids.
- Travel expenses - including travel to and from medical appointments (make sure you keep a note of your appointments, mileage/taxi fares etc.)
About Us
Why Choose Us?
We are a small, dedicated team who have over 40 years of collective experience working on asbestos disease compensation claims. We strive to provide an efficient and personal service to all of our clients, securing maximum compensation with minimal stress.
We will talk you through every step of the claims process and can arrange for our specialist solicitors to visit you at home at the start of the claim if you would prefer.
Every year we help our clients claim the compensation they deserve, and we regularly receive positive feedback. Don’t just take our word for it; you can read their reviews here.
Our Experts
Getting Specialist Help
Asbestos-related lung cancer compensation claims are complex and need to be dealt with by specialist solicitors with experience in this niche area of law. From day one, you will speak to our expert team; they will guide you through the process and make it as easy as possible for you to secure the justice and compensation you need.
As well as obtaining the best results we can for our clients, we want to give back to the community. We appreciate the amazing work Macmillan Cancer Support do for our clients, and we are passionate about fundraising for the charity. We have raised tens of thousands of pounds for Macmillan Cancer Support over the years. We are proud to support them in their continued efforts in the fight against asbestos-related cancers and other forms of the disease.
