The Claims Process
Our specialist asbestos disease solicitors aim to make the process of pursuing a claim as smooth and quick as possible.
Each claim is different and some claims can be more complex than others. Our team of asbestos disease specialists pride themselves on dealing with all cases from the most simple to the very complex. We understand that asbestos-related disease sufferers require compensation on an urgent basis to help with care and treatment as well as to look after loved ones.
From taking your initial call, to obtaining the necessary evidence and negotiating a settlement, we will guide you through each stage with clear and uncomplicated advice. We strive to take away as much of the pressure as possible and achieve the best possible outcome for you.
STEP 1
Initial call and advice
Your first point of contact will be with a specialist legal adviser experienced in dealing with asbestos disease claims. We will be able to give you advice on a potential claim in the very first telephone call. We offer an entirely no win, no fee service.
We will assess the potential claim and consider what further information or evidence might be needed to pursue a legal claim. We will discuss this with you fully and there is no obligation to proceed. We will often apply for copies of your medical records in order to determine your exact diagnosis. We will also consider your employment history and how you came to be exposed to asbestos. Your HMRC employment history, a document consisting of a list of your employers, will assist with this. We will apply for this from the HMRC on your behalf.
Our team also offers home visits. This can often be helpful in the more serious and urgent cases.
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.
STEP 2
Witness evidence
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 any other potential asbestos exposure together with your past smoking history, which may be relevant to a claim for asbestos disease compensation. The statements will form the basis of your claim for asbestos disease compensation.
STEP 3
Letter of claim
Once we have sufficient information, 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 disease claim. 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 disease compensation claim.
STEP 4
Medical and engineering evidence
In order to support your claim for asbestos disease 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, the level of disability and the likely prognosis.
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 a client’s home as possible.
Our team of specialist asbestos disease 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 disease claims.
In some asbestos disease claims 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.
STEP 5
Schedule of loss
Our team of specialist asbestos disease lawyers will also prepare a Schedule of Loss outlining the alleged value of the claim. This will include a valuation of the likely level of compensation for the actual asbestos disease itself together with any financial losses which have been caused as a result.
This may include loss of earnings, travel expenses, the costs of additional care and assistance, aids and equipment, and private treatment costs.
We will put the value in the Schedule as high as possible to maximise compensation and will provide you with detailed advice about the likely value of your claim.
Step 6
Settlement
The vast majority of cases settle without the need to go to Court. Our specialist asbestos disease Solicitors regularly achieve high settlements through confident and astute negotiations.
However, in order to ensure a claim settles as quickly as possible and for the right level of compensation, we sometimes need to issue court proceedings. This does not mean that your claim would end up at a Court hearing but does serve to focus the other party’s mind and secure the best outcome.