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Hospices provide invaluable assistance and support to those suffering with mesothelioma, asbestos-related lung cancer, pleural thickening and other asbestos-related diseases. In addition to supporting the patient, hospices also provide guidance and support to their families.
They are usually run as independent charities or charitable trusts and receive little or no funding from the NHS or local authorities securing a large proportion of their funding from charitable donations.
A hospice care claim for asbestos-related diseases is the legal process by which hospices can recover the costs of caring for patients suffering from diseases caused by exposure to asbestos, such as mesothelioma, pleural thickening, and asbestos-related lung cancer.
When you or a loved one has to go into a hospice due to an asbestos-related disease, the costs incurred by the hospice can be significant. Under UK law, when a claim for compensation is made on behalf of the patient against the negligent party (usually an employer or product manufacturer responsible for the asbestos exposure), the hospice's care costs can also be included as part of the claim.
The money generally comes from the insurance company of the negligent party. Once the claim is successful, compensation is awarded to the patient or their family, and the hospice is reimbursed for the care it provides. The compensation for the client is not reduced as a result of this and is added separately to the claim. This system ensures that hospices, many of which are charitable organisations, are not unduly burdened financially when providing vital end-of-life care for asbestos disease sufferers.
When someone needs to go into a hospice as a result of an asbestos-related disease, legal advice should be sought to consider if a claim for compensation can be made.
If a loved one that you are claiming for passes away as a result of an asbestos-related disease, 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 asbestos disease hospice claim. It is important that the tissue samples are preserved until the conclusion of the legal claim.
We provide an initial consultation free of charge. At that meeting, we can discuss and agree together how to fund an asbestos compensation claim. In the majority of cases, we can offer Conditional Fee Agreements (CFAs or “no win, no fee”).
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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Although hospice care is free to the patient, there is still a cost to the hospice in providing that care. As specialists in asbestos related hospice care claims, we act for many people who are receiving hospice care due to their diagnosis of an asbestos-related disease.
When we act for someone suffering from 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.
In successful claims, these sums are paid by the defendant held responsible for causing the asbestos exposure and for causing the asbestos-related disease that led to the hospice care claim.
Recovering costs incurred by the hospice in a compensation claim will not reduce or increase the compensation awarded to the mesothelioma sufferer or their family.
It is incredibly important for the mesothelioma and asbestos claims team at Boyes Turner that we can recover hospice costs for our clients to reimburse them, which enables them to continue their invaluable work meeting local community needs.
So far, the team has recovered over £30,000 for Sue Ryder, just one of the many organisations we support. The money recovered for Sue Ryder in compensation claims we have dealt with has helped Sue Ryder provide more expert palliative care for people at the end of their life.
Our team will contact the hospice directly and ask them to provide a letter or statement giving details of:
We include the cost of the hospice care within the claim for financial losses on the understanding that any sums recovered for the hospice are paid directly to the hospice at the conclusion of the case.
If the claim is successful, our team will make sure that the hospice receives payment of the sum agreed or awarded in respect of the charitable hospice costs. This does not have an impact on the compensation paid to our client, as the hospice costs are added into the claim.
The amount recovered for the hospice will be paid direct to the hospice at the conclusion of the claim.
A number of different forms of asbestos have been restricted since the 1970s, with the last being banned in 1999.
If your employer exposed you to asbestos and failed to follow regulations around the use of asbestos, you could be entitled to compensation if you later develop an asbestos-related disease.
Usually it is the company’s insurers who pay the compensation due in the event of a successful claim, so even if the company no longer exists, you can still make a compensation claim if we can trace the company’s former insurers.
A hospice care claim looks to cover the cost of hospice care services provided to patients suffering from asbestos-related diseases, such as mesothelioma and asbestos-related lung cancer.
These claims help ensure that hospices are reimbursed for the care they give to asbestos victims.
The hospice that provided the care usually receives the compensation directly.
If a family has already paid for the hospice care, they may be reimbursed through the claim.
For asbestos-related diseases, the claim usually must be made within three years from the date of diagnosis.
However, for hospice claims, the window might differ since it's about the cost of care rather than the disease itself.
Yes, it's possible.
Even if the person affected didn't claim compensation for their asbestos-related disease during their lifetime, a claim for hospice care can still be pursued after their passing.
Senior associate - solicitor
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 said 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 an asbestos related 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.
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.
This will vary from case to case and will depend on the type of asbestos related 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:
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.
Due to the nature of asbestos related diseases taking a while to have a noticeable impact, or even show any symptoms at all, it is expected that the exposure is to have happened some time ago. In order for your claim to be valid, 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 affected by asbestos related diseases 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.
The company where the effected person worked at the time of the 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 may 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 in other ways. For example, 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.
There are various Government benefits available for those diagnosed with an asbestos related condition, including the following:
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.
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.
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.
I selected Boyes Turner from a list given to me by an asbestos charity, on the strength of the CV’s of the specialist solicitors. It was a wise choice, I feel.
Melloney Harbutt has been great from day one, despite my occasionally disappearing into hospital for emergency treatment. Very supportive, very knowledgeable and very friendly.
The whole process has been made easier for me thanks to their great communication skills and knowledge of the process. Thank you
When my dad was diagnosed with mesothelioma we were contacted by a charity based company called HASAG which put us on to Boyes Turner, and we met Laura. Laura managed to speak to dad virtually whilst he was still with us, but unfortunately he passed away very soon after. Laura advised that I become an executor to dads claim.Laura was so easy to deal with and also showed the family a personal touch whenever we spoke.
We finally settled our claim with Laura’s help.
The family would definitely recommend Laura and Boyes Turner to anyone needing a representative for a mesothelioma case as Laura’s knowledge is vast
After much hesitation regarding making a claim and speaking to HASAG. I found Boyes Turner one of HASAG's approved solicitors, I met Melloney who explained the process in plain English, and we started the ball rolling, some of the reports were difficult to come to terms with, but all through the process Melloney was supportive and understanding.
As there were multiple parties involved the process took some time which was frustrating, but the final result was very satisfactory.
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.
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.