asbestos claims solicitors

Has your health suffered due to asbestos exposure?

Your health may have suffered due to exposure to asbestos if you have developed asbestos-related health problems as a result of exposure, particularly if a duty of care has been breached. Common asbestos-related illnesses include asbestosis, mesothelioma, asbestos-related diffuse pleural thickening, and asbestos-related lung cancer. Secondary asbestos exposure can also lead to the development of similar health issues.

You might be eligible to claim compensation if your health has suffered due to asbestos exposure. You have up to three years from the date you were diagnosed with an asbestos-related medical condition to start your claim. It’s important to note that this time frame starts from the date of diagnosis, not from the date you believe you were exposed to asbestos.

Besides, if your health has further deteriorated since an initial claim, you might be able to make another claim. Similarly, if you have developed symptoms due to secondary asbestos exposure, you may also have the right to claim. You can also claim on behalf of a loved one who may have passed away from an asbestos-related illness.

If you have developed an asbestos-related illness, you should speak with specialist solicitors to understand your legal rights.

Is it possible to claim for asbestos poisoning?

Yes, it is possible to claim compensation for asbestos poisoning. If you have developed health issues related to asbestos exposure and a duty of care has been breached, compensation can be claimed. You can start a claim up to three years from the date you were diagnosed with an asbestos-related condition. Even if your former employer is no longer in business, claims can still be made as their insurance company is liable. The amount of compensation you may receive will depend on the severity of your symptoms and their impact on your life. You can also make a claim on behalf of a loved one who has passed away from an asbestos-related illness. If your health has deteriorated since your initial claim, it may be possible to make a further claim. Claims can also be made for symptoms developed through secondary asbestos exposure.

What is the period for starting a claim after an asbestos-related diagnosis?

The time limit for initiating a claim after being diagnosed with an asbestos-related medical condition is three years. This three-year period begins from the date of diagnosis, not from when you suspect you were exposed to asbestos. This is particularly significant given that asbestos-related illnesses can take several years, often decades, to develop. If there is any doubt about your eligibility to claim, it is advisable to consult with specialist asbestos illness-related solicitors.

Is it possible to make a claim if the former employer no longer exists?

Yes, it is possible to make an asbestos claim even if your former employer no longer exists. This is because the compensation would be provided by their insurance company rather than the business itself.

What factors influence the compensation amount for an asbestos claim?

The compensation amount for an asbestos claim is influenced by several factors. Primarily, the severity of the symptoms and the level of pain and suffering caused by the asbestos-related illness are taken into account. The impact of the illness on the claimant’s life also plays a crucial role in determining the compensation amount.

Furthermore, under the Judicial College Guidelines from the Ministry of Justice, compensation for general damages in asbestos-related cases varies from £15,000 to £114,000. This is based on the severity of the illness, the progression of symptoms, and the duration of suffering. Additionally, claimants can also seek special damages for any expenses incurred or likely to be incurred due to the illness. These might include costs related to medical treatment, care received, home adaptations, loss of income or pension, and any out-of-pocket expenses incurred.

The nature of asbestos-related illnesses, which often have serious long-term effects, means special damages claims can often exceed the amount claimed for general damages. Therefore, the financial impact of the illness, both currently and projected for the future, heavily influences the compensation amount for an asbestos claim.

Can claims be made on behalf of a loved one who passed away due to asbestos-related illness?

Yes, claims can be made on behalf of a loved one who has passed away due to an asbestos-related illness. These claims need to be initiated within three years from the date of their passing. However, in some exceptional circumstances, the court may extend this time limit. Therefore, family members can make a claim for a loved one who may have succumbed to an illness linked with asbestos exposure.

Can a subsequent claim be made if health has worsened post initial claim?

Yes, if your health has deteriorated after your initial asbestos claim, you might be eligible to make a further claim. However, the possibility of pursuing a second claim is only applicable if your first claim was made on a provisional basis, not a full and final basis. Provisional claims usually involve smaller compensation amounts but allow the claimant the option of making additional claims in the future. Conversely, full and final claims are generally for larger amounts but prevent the claimant from bringing any future claims.

Is it possible to claim if symptoms have developed through secondary asbestos exposure?

Yes, it is possible to make a claim if you have developed symptoms through secondary asbestos exposure. Secondary exposure refers to the situation where an individual, such as a close family member or spouse, has regular contact with someone who has been directly exposed to asbestos. This could occur, for example, through asbestos contaminating work clothes and being brought into the home. If you suspect that you may have developed asbestos-related illnesses due to secondary exposure, you should consult with specialist solicitors to understand your legal rights.

What are the common asbestos-related diseases?

The most commonly observed health issues related to asbestos exposure include asbestosis, mesothelioma, asbestos-related diffuse pleural thickening, and asbestos-related lung cancer. It is important to note that the effects of exposure to asbestos may take years, often decades, to manifest. Secondary exposure, meaning indirect contact with asbestos through a person who has been directly exposed, can also lead to these diseases.

Can a claim be initiated within three years of diagnosis?

Yes, a claim can be initiated within three years of diagnosis. This time frame begins from the date on which you were officially diagnosed with an asbestos-related medical condition, rather than the date you believe you were exposed to asbestos. This is particularly important as asbestos-related illnesses can often take many years, even decades, to develop.