Wonderful service from start to finish.
Can I sue for exposure to asbestos?
If you have been exposed to asbestos during your working life and you have been diagnosed with an asbestos-related illness, such as mesothelioma, then you may be able to make a claim for compensation against your former employer. This will be a life-changing diagnosis, and we appreciate that you will be wondering where to turn for support and advice. Deborah Foundling, Industrial Disease specialist in our Personal Injury team, explains here how we can support you and your family through a claim for compensation and how we can connect you to our wider network of professionals.
Which illnesses can develop from exposure to asbestos?
There are various different illnesses that can arise from exposure to asbestos. The most common one of these is mesothelioma; a cancer which forms in the lining of the lung. Lung cancer can also develop from exposure to asbestos, which impacts the organ as opposed to the lining. Other non-cancerous illnesses can also arise, including asbestosis, pleural thickening and pleural effusions.
“Any diagnosis of this nature will be devastating for you and your family around you,” explains Deborah. “Unfortunately, mesothelioma can take decades for the symptoms to develop and while treatment can provide relief from the symptoms, there is currently no cure. If you are faced with a diagnosis, you should consider making a claim for financial compensation as anything you receive can help fund this care as well as help and support with any bills that may need to be paid if you or a family member has to give up work.”
Who can bring a claim for compensation?
If you have been diagnosed with one of these illnesses and have been exposed to asbestos, either directly or through secondary exposure, you can make a claim for compensation, as long as you start proceedings within three years of the date of diagnosis.
In most cases, a claim will be brought against an employer or former employer, and this can be brought even if the former employer has gone out of business as they should be insured. If the former employer or their insurers cannot be traced then a claim may be made to the Diffuse Mesothelioma Payment Scheme, a government funded compensatory body.
How do I make a claim for exposure to asbestos?
If you are considering bringing a claim, it is recommended that you seek advice from a legal expert with experience in mesothelioma claims; claims of this nature require specialist knowledge in order to understand the medical reports that are received and the subsequent level of compensation that could, and should, be awarded.
There are several steps involved in making a claim for compensation once you come to us:
- We will apply to your previous employers for a full history of your employment to discover when it was that you were exposed to asbestos, or whether it was from secondary exposure. At this stage, we will also discuss your medical history and your general health. These questions will be personal and may be upsetting at times, but they are necessary for us to ascertain all of the facts and adequately represent you to receive the best result for you.
- We will put you in touch with a consultant respiratory expert to discuss your diagnosis and treatment options available to you. This will support not only our medical documentation but will connect you the right professionals to make you more comfortable.
- We will write to the necessary organisations for formal medical records and records of your employment. We can then begin the investigation and confirm where and when it was you were exposed to asbestos. We will then write to the appropriate organisation highlighting this fact and that we are considering bringing a claim.
- If they accept liability, we will then manage the negotiations to arrive at a settlement.
- If they do not accept liability, or we are not able to reach a settlement figure, we would then proceed to Court. You may feel that this is a daunting prospect, but we will shoulder any worries and concerns you have, and will handle the entire liaison between the parties involved.
Deborah concludes, “Unfortunately, there is no cure for mesothelioma and we understand how devastating the diagnosis will be. We would always recommend you contact us as soon as you are diagnosed as we can discuss your options with you and help you and your family enjoy the remaining time you have together.”
If you would like to discuss claiming compensation with Deborah or a member of the team, you can contact us today on 0800 81 92 30 or email deborahfoundling@warnergoodman.co.uk. Alternatively, you may find the following resources useful:
ENDS
This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice. All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.