Yes – It May Still Be Possible to Make a Claim
Many people diagnosed with an asbestos-related illness today were exposed to asbestos 10, 20, 30, 40 or even 50 years ago. Because diseases such as mesothelioma and asbestosis often take decades to develop, it’s common for people to wonder whether it’s too late to make a compensation claim.
The good news is that you may still be able to claim compensation, even if your exposure happened many years ago or if your former employer no longer exists.
Why Do Asbestos-Related Diseases Take So Long to Develop?
One of the unique characteristics of asbestos-related diseases is their long latency period.
After asbestos fibres are inhaled, they can remain in the body for many years before causing symptoms.
For example:
- Mesothelioma typically develops between 20 and 60 years after exposure.
- Asbestosis usually develops after prolonged exposure and may not be diagnosed until decades later.
- Diffuse pleural thickening can also take many years to develop.
This means someone exposed to asbestos during the 1970s or 1980s may only receive a diagnosis today.
Is It Too Late to Claim?
In most cases, no.
People are often concerned that as their asbestos exposure happened so long ago, they have missed the opportunity to claim compensation.
However, the law recognises that asbestos-related illnesses often develop decades after exposure.
In England and Wales, the three-year limitation period usually begins from the date you were diagnosed with an asbestos-related illness, or the date you first became aware that your illness was linked to asbestos exposure, rather than from the date of the exposure itself.
Because limitation rules can be complex, it’s important to seek advice from a specialist asbestos solicitor as soon as possible after receiving a diagnosis.
What If My Employer Closed Down Years Ago?
Another common concern is whether compensation is still possible if the employer responsible has gone out of business.
The answer is often yes.
Many employers carried employers’ liability insurance, and specialist asbestos solicitors can often trace historic insurers, even where a company ceased trading decades ago.
At Asbestos Justice, we regularly investigate historic employment records to identify the insurer responsible for meeting a compensation claim. If we’re unable to trace the relevant insurer, we’ll explore every available avenue to help you secure the compensation you may be entitled to, including claims through the relevant government compensation schemes.
What Evidence Will Be Needed?
Although your exposure may have happened many years ago, there are still many ways to build a strong compensation claim.
We may help gather evidence such as:
- Medical records confirming your diagnosis
- Your employment history
- HMRC employment records
- Witness statements from former colleagues
- Information about the products or materials you worked with
- Historic employers’ liability insurance records
You don’t need to have gather any evidence before contacting us. We’ll guide you through the process and obtain the information needed to support your claim.
What If I Can’t Remember Exactly Where I Was Exposed?
After several decades, it’s perfectly understandable that you may not remember every employer, job title or workplace.
That’s where specialist legal expertise can make a real difference.
We’ll work with you to build a timeline of your employment history and investigate where asbestos exposure may have occurred.
In many cases, even small details can help identify the responsible employer or insurer.
Can Family Members Make a Claim?
Yes.
If someone has sadly passed away from an asbestos-related illness, certain family members or the person’s estate may be able to bring a compensation claim on their behalf.
Different legal rules may apply depending on the circumstances, so it’s important to seek specialist legal advice as soon as possible.
Why It’s Important to Seek Legal Advice Promptly
Although asbestos-related illnesses often develop decades after exposure, it’s still important not to delay seeking legal advice once you’ve been diagnosed.
Acting promptly can help:
- Preserve important evidence
- Obtain medical reports
- Locate former employers and insurers
- Identify witnesses while memories remain fresh
- Ensure legal time limits are met
The sooner investigations begin, the easier it is to gather the evidence needed to support your claim.
How We Can Help
At Asbestos Justice, we understand that receiving a diagnosis many years after your asbestos exposure can come as a shock.
Our specialist team has extensive experience investigating historic asbestos exposure and tracing employers and insurers, even where companies no longer exist.
We’ll explain your legal options in clear, straightforward language and guide you through every stage of the claims process.
All of our asbestos compensation claims are handled on a No Win, No Fee basis, so you won’t have to worry about paying legal fees upfront.
Frequently Asked Questions
Can I claim for asbestos exposure that happened 40 years ago?
Yes. Many asbestos compensation claims relate to exposure that occurred several decades ago because asbestos-related illnesses often take many years to develop.
What if my employer no longer exists?
You may still be able to claim. Specialist solicitors can often trace historic employers’ liability insurers, even if the business has closed.
Is there a time limit for making a claim?
In most cases, you have three years from the date of diagnosis, or from the date you became aware your illness was linked to asbestos exposure, rather than three years from the date you were exposed.
What if I can’t remember where I was exposed?
That’s not uncommon. We can help investigate your employment history and identify where your exposure is likely to have occurred.
Can family members claim compensation after a loved one dies from an asbestos-related illness?
Yes. If a loved one has sadly passed away from an asbestos-related illness, their estate or certain eligible family members may be able to bring a compensation claim. The rules vary depending on the circumstances, so it’s important to seek advice from a specialist asbestos solicitor as soon as possible.
How Asbestos Justice Can Help
If you’ve recently been diagnosed with mesothelioma, asbestosis or another asbestos-related illness, it’s natural to wonder whether too much time has passed to make a claim.
At Asbestos Justice, we specialise in helping people affected by historic asbestos exposure. Whether your exposure happened 20 or 50 years ago, we’ll investigate your circumstances, explain your legal options and work to secure the compensation you deserve.
All of our asbestos compensation claims are handled on a No Win, No Fee basis, giving you peace of mind that you won’t have to pay legal fees upfront.
Contact us on 0800 038 6767 to discuss whether we can help you make a claim.