Asbestos claims solicitors

There are a number of different asbestos conditions which you can claim for:

• Mesothelioma 

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 

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

 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.
 

• Pleural thickening 

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. 

General damages

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:

• Mesothelioma - £55,830-£100,350 
• Asbestos related lung cancer - £61,410 - £85,340 
• Asbestos related diseases - 10% and above – £33,700 - £92,820 
• Asbestos related diseases - 1-10% lung function impairment – £13,230 to £33,700

The independent medical evidence we will obtain to support your claim will assist us in valuing your claim. 

Special damages

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:

• Care and assistance – where you have or will have to pay for professional care then we can include the cost of this in your claim.  Furthermore, we can include an equivalent cost of care provided by family members or a hospice
• Lost income – both past and future loss of earnings can be included in appropriate cases, for example where you have to take time off work or retire early because of your condition
• Services – if you now have to pay for help around the home as a result of your asbestos related condition, for example for cleaning, DIY, gardening or window cleaning then the cost of this can be included in the claim
• Dependants – if you are claiming for the loss of a loved one following an asbestos related death there may be a claim for statutory bereavement damages, for services and/or care provided and for financial dependency
• Out of pocket expenses – you can include in your claim the cost of aids and equipment reasonably required, for travel expenses incurred as a direct result of your condition, prescription charges and increased living costs
• Medical treatment – the cost of private medical care or alternative therapies can also be included in your claim

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.

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. 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:

• An amount for the disease itself. Any care that you have received in the past and any that you may need in the future, whether that is paid or unpaid. We can also include a claim for costs incurred by a hospice (both visits to the home by hospice nurses and residential care).
• Any loss of income that you have suffered and any that you may suffer in the future.
• The cost of the requirement of additional services such as DIY, gardening, window cleaning etc, (Whether those services are paid for or provided by a friend or family member).
• A claim on behalf of dependants (such as a spouse, child or other family member) for services provided, care provided or financial dependency.
• Out of pocket expenses such as aids and equipment, travel, private medical costs and alternative treatment costs.

There are various Government benefits available for those diagnosed with an asbestos related condition, including the following:

For mesothelioma:

• Industrial Injuries Disablement Benefit
• Pneumoconiosis etc (Workers’ Compensation) Act 1979
• Diffuse Mesothelioma Scheme 2008
• Diffuse Mesothelioma Payment Scheme 2014

For asbestos related lung cancer:

• Industrial Injuries Disablement Benefit
• Pneumoconiosis etc (Workers’ Compensation) Act 1979

For benign asbestos related diseases (asbestosis and asbestos-related diffuse pleural thickening):

• Industrial Injuries Disablement Benefit
• Pneumoconiosis etc (Workers’ Compensation) Act 1979

We are happy to advise or 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:

• Identify any asbestos present and what type it is
• Carry out a risk assessment to see whether it is possible to do the work without asbestos exposure
• Consider whether the work should be done by a contractor who holds a special license to handle asbestos
• Notify the relevant authority to let them know about the work that will involve asbestos
• Provide training and protective equipment to employees

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 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.