The thought of pursuing a claim can be daunting, and this can be made even more so when the claim is for a condition that is having an impact on your health and wellbeing, such as an asbestos disease. Here at Asbestos Justice, we understand that and seek to ease some of the burden whilst fighting for you and your family. To help you, here are the answers to some questions you may have when looking into pursuing a claim.
Who?
Who can pursue an asbestos disease claim? Someone who has been diagnosed with a respiratory condition, or their family on their behalf, as a result of them being exposed to sufficient amounts of airborne asbestos dust due to the negligence of a third party*.
There are, sadly, occasions when a claim is not possible for some reason, for example, where a paying party or insurer cannot be traced, however we also assist all our clients in applying for benefits they may be entitled to as a free additional service, and so it is always worth enquiring.
Who is the claim pursued against? The third party, often an employer, or the insurer for the third party at the time the negligent exposure to airborne asbestos dust occurred.
What?
What does a claim entail? The first stage of a claim is to obtain witness evidence of how our client has been negligently exposed to airborne asbestos dust as well as medical evidence from an independent medical expert to support the diagnosis and the impact it is having on their life.
A Letter of Claim detailing these allegations is then put to the third party (or their insurer) who wrongly exposed our client to the harmful amounts of asbestos dust. The claim is then valued based on the condition our client suffers with and the impact it is having upon their life, and a detailed Schedule of Loss submitted to the defendant in further support of the claim.
If liability is admitted, or a third party agrees to enter into negotiations, the parties will attempt to negotiate a settlement, involving the Court if necessary to ensure justice is served fairly and swiftly. These types of claims very rarely end up at trial, and most are settled out of court.
Where?
Where can I claim for my condition? Our solicitors here at Asbestos Justice are experts in claims relating to asbestos exposure that occurred in England and Wales. Exposure that occurred in other countries, including Scotland and Ireland will be subject to different legal jurisdictions and alternative solicitors should be instructed there. However, we have clients who live all over the world but were exposed in England or Wales, and their claims are brought here. We can provide advice on whether we are able to assist with your claim or direct you to the right people if not to ensure you get the right help.
When?
When should you pursue a claim? You should look into whether you have a legal claim as soon as you become aware that you are suffering with symptoms which might be associated with your asbestos exposure. The law states that when you experience problems you should make enquiries with your doctor as to the possible cause and Court proceedings must be issued within three years of you becoming aware of a significant injury that you should have attributed in whole or in part to the negligence of a third party. We, therefore, always advise people to seek expert legal advice as soon as possible to ensure their claim does not become out of time.
Why?
Why pursue a claim? As our name suggests, we are here to provide justice to people who have been mistreated by a third party, often their employers, in relation to wrongful exposure to asbestos. Claims for asbestos disease can only be brought if the third party negligently exposed a person to harmful amounts of asbestos dust and so we believe they should be held accountable for their actions. The first asbestos regulations were introduced in 1931 and it is generally accepted that by 1965 it should have been known that small quantities of asbestos could cause mesothelioma, the asbestos related cancer. People often think that the exposure occurred because the risks were not known, but this was often not the case, hence our ability to claim.
Furthermore, claims for conditions such as mesothelioma can include a private treatment order which means expensive private medical treatment, such as certain types of chemotherapy or immunotherapy, is funded as part of the claim. Many of our clients advise us that the financial stability they have from the successful claim provides peace of mind that they and their family will be looked after and eases some of the burden they are facing.
Why choose Asbestos Justice? We are experts in this very specialist area of law, with years of experience and a passion to help people going through what may be the most difficult time of their life. Our Five Star TrustPilot rating speaks of how knowledgeable, caring and thorough we are. Being a smaller team, we get to know our clients on a personal level, understanding what matters to them and allowing us to act in their best interests and support them holistically.
We hope this basic overview of a claim makes the process feel less daunting and encourages you to make enquiries to ensure you do not miss out on thousands of pounds of compensation you could be due. If you are considering pursuing a claim and would like further details of what this might entail, please use our helpful Claims Process guide.
You may still have further questions about a claim, and we would be happy to help explain things to you in a simple and reassuring way. Please do not hesitate to get in touch with a member of the team for expert no win, no fee advice on 0800 038 6767 or via our contact page.
*Aside from Crown Immunity prior to 1987