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Boyes Turner’s 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 £82 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 related diseases are the single greatest cause of work related deaths in the UK. Asbestos 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, such as ships, schools, and other public buildings.
To make a claim for an asbestos related disease, an initial interview is always provided free of charge. At that meeting, we will discuss how to fund the asbestos claim. In the majority of cases, we can act under a Conditional Fee Agreement (‘no win, no fee’). This means you would only have to pay a fee for the claim if you are successful. We are happy to discuss the possibility of bringing a claim, without any obligation to take matters further.
Boyes Turner’s asbestos disease claims solicitors are one of the most experienced asbestos disease teams in the country, and is nationally recognised for its handling of complex and substantial cases.
When someone is diagnosed with an asbestos related disease, legal advice should be sought to consider if a claim for compensation can be made.
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. The lung tissue samples can be analysed for asbestos bodies which can, together with exposure history, prove an asbestos related illness claim. It is important that the tissue samples are preserved until the conclusion of the legal claim. We can advise on this process. We are happy to discuss the possibility of bringing an asbestos claim, without any obligation to take matters further.
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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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Whilst awareness of the dangers of asbestos has become apparent over the years, asbestos was not completely banned in the UK until 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, as well as other trades, 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.
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:
In order to secure a successful claim, we will need to present evidence of asbestos related illness and its impact on your health, as well as show the failure by your employer (or company/other body if you were not employed) to protect you. Below is a list of the steps we will take in an asbestos case:
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.
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:
There are time limits within which asbestos claims can be pursued. 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.
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.
Proving asbestos-related disease would firstly involve some medical evidence to detail the condition. We would also need to talk to you about your asbestos exposure in detail. We will need to evidence your exposure to asbestos, usually by way of witness statements.
If someone affected by asbestos related disease dies within three years of this date, then the personal representative of 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 (as the court does have a discretion to disapply the time limit), so please do contact us so that we can advise you appropriately.
The duration of an asbestos claim can vary, depending on how complex the claim is, the legal processes involved, and the cooperation of the parties involved.
In order to prove asbestos related disease, you must first consult with a medical professional, so they can undertake the relevant tests. These could include imaging studies and lung tests that will diagnose and assess the extent of asbestos exposure, if any.
Alongside this, you will be required to provide detailed documentation on your work history and information on any jobs where you may have been exposed to asbestos. This could include employment records or witness testimonies that will support your claim.
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.
Generally, asbestos claims can take several months to several years to reach a resolution. The process typically involves gathering evidence, assessing medical reports, negotiating with relevant parties and potentially the court process if a settlement cannot be reached through negotiation.
The company where the affected person worked at the time of the asbestos exposure, or the defendant company, is liable to pay your compensation.
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.
There are various Government benefits available for those diagnosed with an asbestos related condition, including the following:
However, due to the latency period between asbestos exposure and the onset of an asbestos-related disease, a lot of companies may have ceased trading once a claim is apparent.
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 to compensate those diagnosed with asbestos-related diseases. We can advise you if this is the case.
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.
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 court hearing.
Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court. You can be reassured that our expert solicitors will support you and guide you through every step of the claim.
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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 he would have some hospice care or support, we look to include the costs to the hospice excluding any NHS-funded element in the compensation claim. If a claim is successful, we can then reimburse the hospice for 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 fibres.
Pleural thickening can occur due to asbestos exposure if airborne asbestos particles become embedded in the pleural membrane, causing inflammation and scarring. The effects of pleural thickening normally appear around 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 asbestos-related diseases, 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.
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.
There is no bar to bringing a claim in England and Wales if you have been exposed to asbestos in England or Wales, but are now living abroad.
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.
Jan 2024
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.