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.
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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.
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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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.
At the start of our journey to say we were apprehensive and nervous would be a huge understatement. Laura Magson on our first meeting, completely reassured us with her professional yet personable and friendly manner. She guided us through each step of the process ensuring we were completely at ease and fully understood every step. Laura and her team at Boyes Turner were always 100% responsive and at no point were we ever made to feel like we were wasting her time with our endless questions! Laura successfully settled our claim with an outstanding result which enables us to move forward on this journey knowing we have financial security. For anyone needing legal representation in this field we would without hesitation recommend Laura Magson and her team.
Right from the outset of my 1st engagement with Melloney & her team (on April 23) she has had my fullest confidence. She clearly explained what would be involved in taking forward my claim in relation to my Father's death due to asbestos exposure. But she was equally clear in ensuring that I that knew the challenges that we might face. She also took the time to explain the whole process to my 81-year-old Mother during a number of Home visits. In this her professional but fully approachable manner was key in allaying my Mother's concerns and giving her faith in us taking the claim forward. When we did hit numerous challenges Melloney was quick to keep me informed, provide reassurance and detail options for the next steps.
When we first got in touch with Boyes Turner in the wake of my dad's mesothelioma diagnosis, we were not expecting to be able to make a claim due to the length of time that had passed since he was exposted to asbestos. However, thanks to the knowledge and professionalism of Martin Anderson, we were not only able to pursue that claim but win it, ensuring total financial security for my dad as his health sadly declines. We were so impressed by Martin's patience, sensitivity and promptness in dealing with every aspect of the process and would have no hesitation in recommending him and Boyes Turner to anyone hoping to pursue a similar claim.
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.
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