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Asbestosis is a life changing disease that is caused by breathing in asbestos fibres, which results in scarring to your lungs. The majority of those who develop asbestosis, were exposed to asbestos at work, primarily in the building industry.
If you have been diagnosed with asbestosis, then you may be eligible to make a claim for asbestosis compensation. We have helped recover over £82 million in compensation since 2005 for those with asbestos related disease.
Get in touch with our asbestosis claims solicitors for a free initial consultation.
When someone is diagnosed with asbestosis, legal advice should be sought to consider if a claim for compensation can be made.
We provide an initial consultation free of charge. At that meeting, we can discuss and agree together how to fund an asbestosis compensation claim. In the majority of cases, we can offer Conditional Fee Agreements (CFAs or “no win, no fee”).
In order to secure a successful asbestosis claim, we will need to present evidence of asbestosis and its impact on your health, as well as show the failure by your employer (or company/other body if you were exposed to asbestos outside of work) to protect you.
Asbestos related disease claims are one of the more complex and challenging areas of personal injury law. 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.
When there is a death as a result of asbestosis, then it is important that the local coroner is notified and that a post-mortem takes place. The lung tissue samples can be analysed for asbestos bodies which can, together with exposure history, prove an asbestosis claim. It is important that the tissue samples are preserved until the conclusion of the legal claim.
Partner, Asbestos
Our team have settled a fatal asbestosis claim against Vosper Thorneycroft for the family of Jack*, a former joiner and cabinet maker. We advised Jack’s family to make a Part 36 offer to the Defendant’s representatives. This means that we would tell the Defendant’s representatives that our client would be willing to accept a certain amount in settlement of the claim, they accepted.
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As with most people, when I discovered, quite out of the blue, I had terminal cancer I found it difficult to process my new situation. Laura Magson of Boyes Turner provided clear and sympathetic advice, helped by her experiences of similar cases. Laura worked very hard with tenacity to progress my no-win-no-fee claim to a successful conclusion while keeping me fully informed of progress and explaining the intricacies of the legal processes. Very importantly Laura ensured my settlement included the funding of any non-NHS treatment that I may require as the NHS is limited in the treatments it can provide. So, I have no hesitation in recommending Boyes Turner, and Laura Magson in particular, to act on your behalf for an asbestos related claim.
After my diagnosis and starting my treatment for asbestosis I chose the services of Boyes Turner LLP to help me and my family through the claim system. I had the good fortune to be introduced to Melloney Harbutt as my lead solicitor. At a time when I least wanted additional stress and anxiety, her clear compassionate, honest legal knowledge and personal guidance prevailed throughout.
Laura dealt with our case effectively and rapidly as the situation required. She was always a sympathetic and considerate listener and dealt with any questions clearly and promptly. We are grateful for her assistance in persuing this case and would not hesitate to recommend Laura and her law company to anyone who finds themselves in similar circumstances. Thank you.
Laura dealt with our case effectively and rapidly as the situation required. She was always a sympathetic and considerate listener and dealt with any questions clearly and promptly. We are grateful for her assistance in pursuing this case and would not hesitate to recommend Laura and her law company to anyone who finds themselves in similar circumstances. Thank you.
I would whole heartedly recommend Laura to anyone who needs legal representation following a mesothelioma diagnosis. Very sadly my partner died just 8 months after his diagnosis, and before the claim was settled. With Laura’s advice and expertise I was able to continue with the compensation claim which was eventually settled through negotiation and without the need to go to court. I am very grateful to Laura not only for her legal proficiency, but also for the manner in which she managed the case. She was quick to respond to communications, and has been understanding, compassionate and supportive throughout.
Asbestosis is a very specific condition that refers to fibrosis of the lungs caused by breathing in asbestos fibres over many years. The term asbestosis is often misused to describe almost any asbestos related condition, which can be confusing.
It is usually individuals who have had significant exposure to asbestos, over several years, who go on to develop asbestosis. The effects normally appear after twenty years or more of exposure to asbestos. Asbestosis may cause breathlessness and can become more severe over time, and unfortunately, there is currently no cure.
These are the most common asbestosis symptoms:
In order to show that fibrosis of the lungs is due to asbestosis, it is necessary to show that there has been a substantial amount of asbestos exposure. In general, it is necessary to show that there has been at least one year of heavy exposure or at least five years of moderate exposure to asbestos.
As a general rule, the greater the level of exposure to asbestos, the greater the extent of the asbestosis.
The amount you can potentially claim for being diagnosed with asbestosis depends on a range of different factors.
This could include how severe the disease is, its impact on your quality of life, impact on ability to work, medical expenses, and any additional damages caused. For a more accurate determination of this it would be best to make an enquiry with our team who can assess the specifics of your situation.
The duration of an asbestosis claim can vary, depending on how complex the claim is, the legal processes involved, and the cooperation of the parties involved.
Generally, asbestosis claims can take several months to a year or more to reach a resolution. The process typically involves gathering evidence, assessing medical reports, negotiating with relevant parties, and potentially going through litigation if a settlement cannot be reached through negotiation or alternative dispute resolution methods.
Proving asbestosis typically requires a combination of medical evidence and documentation related to asbestos exposure.
Medical professionals specialising in lung diseases can carry out scans and lung function tests. These investigations can help determine the presence of asbestos related lung damage and rule out other conditions with similar symptoms. Additionally, providing evidence of asbestos exposure through work history, witness evidence, or records of asbestos containing products can further support the claim.
Asbestosis is unfortunately incurable, and the damage is irreversible, as once the asbestos fibres are breathed in, they stay in your body forever. However, people can sometimes live with asbestosis for several years and its impact on day to day life can vary from person.
Unfortunately, asbestosis does tend to get worse over time as it develops. When asbestos fibres are inhaled, it causes scarring and inflammation in the lungs, which develops into fibrosis. This typically gets worse over time, and symptoms will gradually become more prominent as this happens. How fast it progresses varies for each individual and can be impacted by how much asbestos they were exposed to and additional respiratory conditions. When we settle your claim, we can ensure that there is provision for you to make a further claim if your asbestosis significantly deteriorates in the future.
It can take quite a while to see signs of asbestosis after being exposed, typically ranging from ten years to up to forty years. The symptoms may not become visible until it has progressed to a noticeable stage. This is why if you have a history of being exposed to asbestos, it is important to have regular medical checks in order to detect asbestosis as early as possible.
You may be eligible for several benefits if you are found to be diagnosed with asbestosis, such as the following.
Industrial Injuries Disablement Benefit - If you have an asbestosis claim and believe the disease was caused by your employment then you are entitled to apply for Industrial Injuries Disablement Benefit, a weekly payment from the government.
Pneumoconiosis etc (Workers Compensation) Act 1979 - A lump sum payment under the Pneumoconiosis etc (Workers Compensation) Act 1979 can also be applied for where the diffuse pleural thickening was caused by employment, provided that no compensation from a civil claim in respect of the disease has already been received. This award is generally made when the employer has ceased trading.
Partner
Legal Director
Associate Solicitor
