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Boyes Turner’s mesothelioma and asbestos disease claims team is one of the most experienced industrial disease teams in the country and is nationally recognised for its handling of complex and substantial cases.
We have helped recover over £77 million in compensation since 2005 for those with asbestos related diseases.
The team has long-standing relationships with many agencies and charities that help people with asbestos related diseases, and their families, receive as much assistance and support as possible during a very difficult time.
Asbestos is the single greatest cause of work related deaths in the UK. It was used extensively from the 1940s to the 1980s as a building material, and any building built before 2000 could potentially contain asbestos. It was widely used for its heat-resistant properties in both residential and industrial buildings, ships, schools, and other public buildings.
An initial interview is always provided free of charge. At that meeting, we will discuss how to fund the claim. In the majority of cases, we can act under a Conditional Fee Agreement (‘no win, no fee’). We are happy to discuss the possibility of bringing a claim, without any obligation to take matters further.
In addition to understanding how the asbestos-related diagnosis came about, the impact of that diagnosis, we will also ask for information about how you or your loved one came into contact with asbestos, so we can start to assess your potential claim.
Even if you haven’t worked directly with asbestos or cannot recall the circumstances of your asbestos exposure then still get in touch with us as it may well be that, after careful questioning, it becomes apparent where and when your exposure to asbestos is likely to have occurred. We have an extensive database of statements and documents involving many UK employers and companies.
Where asbestos is considered to have potentially played a part in a death, it is important that the local coroner is notified of the death and that a post-mortem takes place. We can advise on this process.
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Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
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There are a number of different asbestos conditions which you can claim for:
Mesothelioma is a tumour which affects the mesothelium, most commonly in the lining of the lung, but can also affect the abdominal cavity, heart or testes.
It is almost always caused by exposure to asbestos and has a long latency period of typically between 20 and 50 years. Mesothelioma can develop even after relatively low levels of exposure to asbestos. It can also occur following indirect exposure to asbestos, for example when washing overalls which have asbestos fibres on them, exposure within a school, or environmentally as a result of living close to an asbestos factory.
Lung cancer can be caused or contributed to by asbestos exposure. There are no clinical means of distinguishing between lung cancer caused by asbestos and lung cancer caused by smoking. People who smoke and have been exposed to asbestos are at a significantly increased risk of developing lung cancer. Those who have not smoked but who have had asbestos exposure are also at risk of developing lung cancer.
Asbestosis is fibrosis of the lungs caused by breathing in asbestos fibres. It is usually individuals who have had significant exposure to asbestos over several years who go on to develop asbestosis. The effects normally appear 20 years or more after exposure. It can cause breathlessness and may become more severe over time.
Asbestos related diffuse pleural thickening is a benign thickening of the pleural membrane surrounding the lungs. It can cause breathlessness and may become more severe over time. The effects normally appear 20 years or more after exposure.
In a successful case, general damages are awarded for the asbestos related condition itself and the accompanying pain, suffering and loss of amenity.
The Judicial College Guidelines provide a framework for the assessment of general damages and give the following brackets (as at 2019) for asbestos related diseases:
The independent medical evidence we will obtain to support your claim will assist us in valuing your claim.
In addition to general damages, other financial losses arising as a direct result of your asbestos related condition can also be claimed in the event of a successful claim.
This can include:
If the independent medical evidence we obtain supports that there are future asbestos related risks then there will be the option of looking to settle your claim on a provisional damages basis instead of on a full and final damages basis.
A provisional damages settlement enables you to recover compensation for your current condition on the basis that any future risks do not materialise but there will be a court order specifying certain terms which will enable you to re-open your case and return for further compensation, often where your asbestos related condition deteriorates or a new asbestos related condition develops.
On the other hand, settlement on a full and final damages basis will give you an enhanced award of compensation, taking into account (and “buying off”) any future risks.
You would be unable to return for further compensation in the future if you have settled your claim on a full and final basis, even if your asbestos related condition deteriorates or a new asbestos related condition develops.
For people with an asbestos related disease, there is usually no problem in bringing a claim, even though the exposure occurred a long time ago. This is because you have three years from the date it can reasonably have been expected that you “knew or ought to have known” that your condition may be associated with your asbestos exposure, within which to issue court proceedings.
If someone dies within three years of this date then the personal Will representative for the estate has three years from the date of death within which to issue court proceedings. However, there are some circumstances where exceptions can be made, so please do contact us so that we can advise you appropriately.
We are happy to discuss the possibility of bringing a claim, without any obligation to take matters further. In addition to understanding how the asbestos related diagnosis came about and the impact of that diagnosis, we will ask for information about how you or your loved one came into contact with asbestos so we can start to assess your potential claim.
Where asbestos is considered to have potentially played a part in a death, it is important that the local coroner is notified of the death and that a post-mortem takes place. We can advise on this process. An initial interview is always provided free of charge. At that meeting we will discuss how to fund the claim. In the majority of cases, we can act under a Conditional Fee Agreement (‘no win, no fee’).
It is possible to make an asbestos claim on behalf of a loved one who has died as a result of an asbestos-related disease. You may be entitled to claim if you were the spouse or child of someone who lost their life to this disease, or if you were financially dependent on them. The claim is brought by the personal representative of the estate.
To make a compensation claim in these cases, you must start your claim within three years of the date of death or at the point at which a post-mortem reveals that the death was caused by asbestos exposure.
The company where you worked at the time of your asbestos exposure, or the defendant company, is liable to pay your compensation. However, due to the latency period of asbestos in the body, a lot of companies have ceased trading once a claim is relevant.
If your former employer has gone out of business, you could still make a claim. The company is likely to have been insured to deal with claims such as this, so it will be the insurer’s responsibility to meet the compensation claim.
In cases where the companies have gone out of business and the insurers are untraceable there are benefits and in some cases, lump sums, set up to compensate those diagnosed with asbestos-related diseases.
It may be that you did not come into contact with asbestos through your work. We also act for people who contracted mesothelioma through washing a loved one’s overalls, by living near to an asbestos factory or by attending a school where asbestos was disturbed.
We may also be able to bring a claim on behalf of those who believe they were exposed to asbestos whilst they were self-employed.
This will vary from case to case and will depend on the type of disease you are suffering from, the medical treatment that you may require and any losses incurred.
The claim amount may be made up of the following:
There are various Government benefits available for those diagnosed with an asbestos related condition, including the following:
For mesothelioma:
For asbestos related lung cancer:
For benign asbestos related diseases (asbestosis and asbestos-related diffuse pleural thickening):
We are happy to put you in touch with a charity who can assist you in making any appropriate applications.
A lot of types of asbestos have been under restrictions since the 1970s, the last type was banned in 1999. It is therefore possible to have been exposed to asbestos whilst working on buildings that were built or refurbished before 2000 and in many other professions, we see a large number of former laggers’ or plumbers who have been diagnosed with an asbestos-related disease after exposure at work.
Guidance regulations were introduced in 1970 on the use of asbestos in the workplace. These days, employers must follow strict rules set out by the Health and Safety Executive. They should:
If your employer failed to follow regulations around the use of asbestos and you later developed an asbestos-related illness, you could be entitled to compensation.
Our highly experienced mesothelioma and asbestos disease claims solicitors are recognised by Legal 500 and Chambers as experts in handling asbestos related claims.
Whilst we cannot guarantee that any particular claim will settle out of court, we take great care in investigating and preparing each claim that we take on. Our clients’ claims usually settle successfully without the need for a contested trial.
Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court. In these cases, the lawyers for both sides present the agreed settlement to the court for the judge’s approval.
There is no bar to bringing a claim in the UK if you have been exposed to asbestos in the UK but you are now living abroad. We act for many clients who have chosen to move abroad including those living in Australia, Gibraltar, New Zealand, Spain and Thailand.
If you are suffering from an asbestos related disease or condition and may have been exposed to asbestos whilst working in the UK, or for a UK based or owned company, you may be entitled to claim compensation.
It is usually individuals who have had significant exposure to asbestos, over several years, who go on to develop asbestosis. The effects normally appear 20 years or more after exposure. It can cause breathlessness and may become more severe over time.
When we act for someone suffering with an asbestos-related disease who has had some hospice care or support, we look to include the hospice’s costs, excluding any NHS-funded element, in the compensation claim. If the claim is successful, we can then reimburse the hospice their charitable outlay.
It may be that you did not come into contact with asbestos through your work. We also act for people who contracted mesothelioma through washing a loved one’s overalls, by living near to an asbestos factory or by attending a school where asbestos was disturbed. We may also be able to bring a claim on behalf of those who believe they were exposed to asbestos whilst they were self-employed.
Even if you were a smoker, it is possible that asbestos exposure has contributed to your lung cancer. This is because the risk of developing lung cancer increases in direct proportion to the level of your exposure to asbestos dust.
If someone dies from an asbestos related disease, or there is a concern that a death is in some way linked to asbestos, an inquest or investigation into the death will be carried out by a coroner.
Pleural thickening can occur due to asbestos exposure if airborne asbestos particles become embedded in the pleura, causing inflammation and scarring. The effects of pleural thickening normally appear 20 years or more after exposure to asbestos.
If you have lost a loved one due to mesothelioma, lung cancer, asbestosis, pleural thickening or any other disease caused by exposure to asbestos, claiming compensation can never truly make up for that loss, but it can make life much easier for you and your family during this difficult time.
Sep 2023
Jul 2023
Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Absolutely delighted with the speed, efficiency and clarity of the support provided by Laura in my claim against my former employer. She cut through the legalese jargon and explained everything in detail making my decision making easy.
Additionally, she handled my grim prognosis details with compassion and showed a great understanding of, not only the legal aspects, but also the complex medical details and options. The prompt settlement negotiated by Laura has ensured I can "enjoy" the benefits while still fairly mobile and also she ensured the defendants would fund any future treatments not funded by the NHS should I need them.
It was a pleasure working with Laura and I would have no hesitation whatsoever in recommending her to others.
I am writing this review on behalf of my husband Colin Wyeth and myself. We were advised by Colin’s Consultant to get a solicitor for Industrial Injuries as he was diagnosed with mesothelioma, however, this was a rare presentation of mesothelioma and so underwent two big operations at Guys Hospital in London. The first operation was October 2019 after which he made a good recovery and was monitored with 6 monthly CT scans, unfortunately the scan showed a reappearance of the mesothelioma (in the lining of the lung) in 2021 and was admitted to Guys Hospital again in May 2021. He is now being called for scans every 2 months. We contacted Laura Magson and her team at Boyes Turner LLP in 2019 right at the beginning of this awful diagnosis and I have to say we could not have chosen a better team, they have been absolutely brilliant from start to finish of our case delivering an outstanding result and award. Throughout this case they have been kind, patient and considerate whilst gathering all the information needed to present Colin’s case at court which was a mammoth task going back 50 odd years. Laura, I have to say has gone above and beyond, so thorough and professional whilst being so kind and patient during this unusual case.
When I was first advised that I should make a claim for my industrial injury. I wasn’t convinced that after such a long period of time it would be possible to fine out how or where I had been exposed to Asbestos. However, Boyes Turner representative Laura Magson and her team made the process straight forward and easy to understand.
Laura Magson was superb in all the dealings with this claim from start to finish. She was professional, friendly and extremely helpful in keeping in touch regularly through a very difficult situation for my wife and l. We feel as though we have made a good friend.
The outcome was as she had hoped for us after negotiating herself through what could be termed as a minefield! One to be highly recommended, well done Laura and thank you so much.
Martin Anderson was professional, friendly, knowledgable and has the patience of a saint in our dealings with this claim from start to finish. He remained in regular contact throughout the claim and provide a fantastic service, would highly recommend.
