Asbestos Claims in the UK: Seeking Compensation for Exposure

Introduction

Asbestos, once widely used in construction materials, is now known to be a dangerous carcinogen. If you have been diagnosed with an asbestos-related illness, you may be entitled to claim compensation in the UK. This article explores the process of making an asbestos claim, the types of compensation available, and the importance of legal representation.

When Can You Make an Asbestos Claim?

You can make an asbestos claim if you have been diagnosed with an asbestos-related illness, such as:

• Mesothelioma: An aggressive form of cancer that affects the lining of the lungs, abdomen, or heart.
• Asbestosis: A chronic lung condition that causes scarring and shortness of breath.
• Lung cancer: Asbestos exposure is a significant risk factor for lung cancer.
• Pleural thickening: Thickening of the pleura, the membrane lining the lungs and chest cavity.

You can also claim if you have a close family member who has died from an asbestos-related illness and you have suffered a financial loss as a result.

Time Limit for Asbestos Claims

There is a strict time limit for making an asbestos claim in the UK. Generally, you have three years from the date of your diagnosis to start legal proceedings. However, there are some exceptions:

• If the illness was diagnosed with someone who has since passed away, the three-year limit applies from the date of death.
• In some cases, the courts may allow a claim outside the time limit if there is a good reason for the delay.

It's crucial to seek legal advice as soon as possible after diagnosis to ensure you don't miss the deadline.

Types of Compensation in Asbestos Claims

The amount of compensation you receive in an asbestos claim will depend on the severity of your illness and the impact it has had on your life. Compensation can typically cover:

• Pain and suffering: This compensates for the physical and emotional pain caused by your illness.
• Loss of earnings: This covers any income you have lost due to your illness, including future earnings if your ability to work is affected.
• Medical expenses: This covers past and future medical expenses related to your illness, including treatment, medication, and care costs.
• Loss of amenity: This compensates for the loss of enjoyment of life due to your illness, such as the inability to participate in hobbies or activities.
• Dependency claims: If you have dependents who rely on your financial support, they may be able to claim compensation if your illness affects your ability to provide for them.

How to Make an Asbestos Claim

Making an asbestos claim can be a complex process. Here's a general outline:

1. Contact a solicitor: A solicitor specializing in asbestos claims can advise you on your eligibility and the best course of action.
2. Gather evidence: Your solicitor will help you gather evidence to support your claim, such as medical records, employment records, and witness statements.
3. Identify the liable party: This could be a former employer, a manufacturer of asbestos products, or a government agency responsible for your exposure.
4. Negotiate a settlement: Your solicitor will negotiate with the liable party's insurance company to try to reach a fair settlement amount.
5. Court proceedings: If a settlement cannot be reached, your claim may proceed to court.

How It Works in the UK the Diffuse Mesothelioma Payment Scheme (DMPS)

If you are diagnosed with mesothelioma and cannot identify the company responsible for your exposure, you may be eligible to claim compensation through the Diffuse Mesothelioma Payment Scheme (DMPS). This is a government-funded scheme that provides financial support to mesothelioma sufferers regardless of who caused their exposure.

Asbestos Claims Process Explained

The asbestos claims process can take several months or even years, depending on the complexity of your case. Here's a breakdown of the typical stages:

• Initial consultation: Discuss your case with a solicitor to determine eligibility.
• Investigation and evidence gathering: Your solicitor will gather evidence to support your claim.
• Pre-action stage: Your solicitor will attempt to negotiate a settlement with the liable party's insurance company.
• Court proceedings: If a settlement cannot be reached, your claim will proceed to court.
• Settlement or court decision: You will receive compensation either through a negotiated settlement or a court order.

The Importance of Legal Representation in Asbestos Claims

Making an asbestos claim can be a challenging process. An experienced solicitor specializing in asbestos claims can:

• Advise you on your eligibility and the legal options available.
• Help gather evidence to support your claim.
• Negotiate with the liable party's insurance company on your behalf.
• Represent you in court if necessary.
• Ensure you receive the maximum compensation.

Advantages of Making Asbestos Claims

There are several significant advantages to making an asbestos claim if you have been diagnosed with an asbestos-related illness:

• Financial Security: Asbestos-related illnesses can be debilitating and expensive to treat. Compensation can help cover medical expenses, lost wages, and other costs associated with your illness. This financial security can ease the burden on you and your family during a difficult time.
• Recognition of Harm: An asbestos claim can hold the negligent party accountable for the harm they caused. This can bring a sense of justice and closure, especially for individuals who were exposed to asbestos unknowingly or without proper safety measures.
• Improved Quality of Life: Compensation can help pay for in-home care, medical equipment, and other resources that can improve your quality of life and well-being while managing your illness.
• Supporting Research: Funds awarded in successful asbestos claims can contribute to mesothelioma research and development of new treatment options for future patients.

Conclusion

If you have been diagnosed with an asbestos-related illness, you may be entitled to claim compensation in the UK. While the process can be complex, seeking legal advice from a specialist solicitor can significantly increase your chances of receiving a fair settlement. Don't hesitate to take action – compensation can provide financial security, a sense of justice, and resources to improve your quality of life.

Disclaimer

This article provides general information only and does not constitute legal advice. It is important to consult with a qualified solicitor to discuss your specific circumstances and eligibility for an asbestos claim.

FAQs

1. I suspect I have an asbestos-related illness, but I'm not sure. Can I still make a claim?

You can discuss your concerns with a solicitor specializing in asbestos claims. They can advise you based on your symptoms and work history. Even if you haven't received a formal diagnosis yet, an initial consultation can help determine if you have a potential case.

2. The company I believe exposed me to asbestos is no longer in business. Can I still claim compensation?

Yes, there's a good chance you can still claim. Employers typically have liability insurance that covers past claims. Your solicitor can help track down the relevant insurance company and pursue your claim.

3. How much does it cost to make an asbestos claim?

Many solicitors specializing in asbestos claims work on a "No Win, No Fee" basis. This means you won't pay any upfront fees, and they only get paid if your claim is successful. The solicitor's fees are typically deducted from the compensation you receive.