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Making an Asbestos injury claim

MyClaims panel of solicitors have a long history of acting for victims of asbestos. The panel have successfully acted for a large number of clients and have a team of solicitors who are extremely experienced in this area. The panel solicitors support the work of the British Lung Foundation and are pleased to support them and work with them.

There are four conditions commonly associated with asbestos dust for which you are currently able to bring a claim.

Some asbestos illnesses are more serious than others. A number of these illnesses can show up more than 50 years after breathing in asbestos dust. However you can still bring a claim.

Asbestosis

• Serious scarring of the lungs
• Can result in breathlessness and severe disablement

Mesothelioma

• Cancer of the lining of the lungs or abdomen
• Causes severe disablement
• No known cure

Asbestos-related lung cancer

• Often associated with Asbestosis
• Causes severe disablement
• Often incurable

Diffuse pleural thickening

• Thickening of the lining of the lung
• Can cause some breathlessness and disablement
• Not usually severe

In many cases, you may be well aware of this if you have worked with asbestos during your past employment. Sometimes, it is not so obvious. For example:

• You may not have actually handled asbestos, but have been working in the vicinity of others who were doing so
• The time period of your exposure may have been very short – perhaps just a few days – and you cannot recall it
• Your parents or other family members may have worked with asbestos and brought it home on their clothes; wives who washed their husband’s overalls may have breathed in dust when shaking them out
• You could have lived close to a factory that used or manufactured asbestos and allowed dust to escape into theneighbourhood

To win a claim for compensation, it is necessary for your solicitor to:

• Trace whoever has caused your illness and their insurers
• Get evidence of how you came into contact with asbestos dust
• Obtain an expert medical report describing the nature of your illness and its long-term effects
• Calculate any loss of earnings or other expenses you have Suffered

What information will my solicitor need?

You should:

• Draw up a list of dates and names of employers from the date you left school
• Find any papers you have relating to your past employments
• Find any letters from doctors or hospitals dealing with your illness
• Find any papers you have relating to your loss of earnings or other financial loss caused by your illness

From this information, your solicitor will be able to start to investigate a compensation claim and trace your former employers and their insurers.

My employer has gone out of business. How can I claim?

Even if your employer closed down many years ago, it is often still possible to trace their insurers. Insurance for employers became compulsory in 1972, but many employers had insurance policies to protect workers for many years before then.

The law says it is possible to bring back an employer into legal existence in order to claim against them if their insurers can be identified. Do not be put off making a claim by the fact that you think your employers are no longer around. MyClaim has a database of insurance information for defunct companies built up over many years, and we may already have details of your employer’s insurers.

It is possible to claim compensation after a family member has died of an asbestos-related illness. For example, claims for compensation are often brought after someone has died of Mesothelioma. If a family member has died from an asbestos-related illness there might have to be an inquest.

How does the claim proceed?

Your appointed solicitor will obtain all possible evidence in support of your claim. This will include interviewing witnesses, obtaining expert reports from doctors and, if necessary, engineering experts, accountants and nursing care specialists.

It is our experience that the quickest way of getting you compensation is by starting court proceedings as soon as possible and arranging for your claim to be listed for a hearing before a judge. The vast majority of cases settle before they get to court, and it is very unlikely your case will have to be heard by a judge. Insurers will often delay settling cases if there are no court proceedings under way, but will hasten the settlement of cases listed before the courts. Once court proceedings are started, the court will dictate how the claim is to progress. The court will set a timetable for both parties to exchange important information in the case, including expert evidence, witness evidence and documents in support of the claim for financial losses. The court will then set a date for the case to be heard, usually 9-12 months after court proceedings have been started.

Time Limits

There is a time limit for bringing a claim for compensation. This is usually:

• 3 years from the date you are told that you have an asbestos-related illness

If a family member has died of an asbestos-related illness, the time limit is normally:

• 3 years from the date of death

Delay could mean losing the chance to claim.

You should still consult a solicitor even if more than 3 years have passed since you became aware of the asbestos illness or since your family member died. We can look at all the circumstances for the delay and will be in a position to advise you if the court is likely to set the time limit aside. They will do this if there is a good reason for the delay.

What can I recover if my claim is successful?
Pain and suffering

Compensation is awarded to reflect the nature and severity of the illness you have. The courts award money for pain, suffering and loss of amenity caused by the illness. The courts have recently set some guidelines about the levels of compensation for different asbestos illnesses. The examples below are guidance only and every case depends on its particular facts.

• Mesothelioma £45,000 – 70,000
• Lung cancer £42,500 – 55,000
• Asbestosis £26,500 – 58,000
• Pleural thickening £21,000 – 45,500

Other losses or expenses which can be claimed

A few examples of these losses are:

• Past and future loss of earnings
• Loss of pension entitlement
• Past and future private treatment fees
• Medication costs
• Care costs
• Aids and appliances
• Travelling expenses

In addition to the above, the financial dependants of someone who has died for an asbestos illness may also be able to claim:

• Bereavement damages (currently £10,000)
• Funeral expenses
• Financial dependency on the person who has died

How long will the case take?

Mesothelioma and lung cancer claims

In cases of Mesothelioma we do our utmost to get the case finished as quickly as possible. We take every step necessary to gather the evidence as quickly as we can and present it to the other side. It is our aim to get the case completed within 6-12 months of being instructed. Sometimes claims take longer than this, particularly if there is some difficulty in tracing the insurers of past employers, but no efforts will be spared to get the case finished quickly. We can arrange for the court to give early hearing dates in this type of case and cut down the length of the court timetable. Quite often, the courts will hear the case within 2 or 3 months from the date court proceedings are started.

Other asbestos illnesses

Our panel solicitors job is to complete all asbestos claims speedily. Their normal timescale for completing a case from beginning to end is 12 to 24 months, depending on the complexity of the case. Cases can often be finished more quickly than this, but occasionally a claim may take longer if it has complications, such as identifying the insurers or where the asbestos exposure took place.

Asbestos Claim Solicitors for British Expatriates (Expats)
Who Can Claim?

If you were exposed to asbestos, which has subsequently caused an illness, during your working life in the UK you could well be entitled to state benefits and even compensation for your former employer's insurers. Even if you live in Australia, New Zealand, the USA, Canada or anywhere else in the world. Most expats were aware that they could still get State Pension but we've been able to help many who have developed asbestos related diseases as a result of exposure to asbestos in the UK to additional state benefits like Industrial Injuries Disablement benefit, and compensation from their ex-employers or from a government scheme under the Workers Compensation Act.

Please contact MyClaim on 0800 731 2586  if you wish to discuss bringing a claim.

• Asbestos-Guide.doc