Exposure to asbestos can cause a range of illnesses.
We are here to help you and your loved ones and will help you pursue an asbestos illness related claim on a No Win, No Fee basis.
The dangers of asbestos
Asbestos is the name given to a group of minerals made up of microscopic fibres that were commonly used in the building trade; particularly in factories, hospitals, homes and schools as insulation. When these fibres are released into the air, they can enter the lungs and cause life-changing conditions.
If you or a loved one has been diagnosed with an asbestos related disease, we can help.
Exposure to asbestos can cause a range of illnesses including:
- Mesothelioma: This condition attacks the lining of the lungs, and once diagnosed it is unfortunately almost always terminal.
- Asbestosis: Like mesothelioma, asbestosis symptoms may emerge many years after initial exposure. Asbestosis results in scarring of the lungs but is not necessarily fatal.
- Asbestos related lung cancer: This condition is identical to the more common form of lung cancer.
- Pleural thickening: This is the name given to inflammation of the lungs. It is not fatal but is common among people exposed to asbestos.
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Making an asbestosis/mesothelioma claim
The length of time an asbestos claim takes depends on the complexity of each case.
On average, a mesothelioma/asbestosis claim can take anywhere between twelve and twenty-four months. Lung cancer and asbestosis claims may take as long as three years from the initial diagnosis. In these cases, you generally have three years from the date of diagnosis to make a claim. You should contact us as soon as you become aware of your condition.
Your exposure to asbestos could have taken place decades ago, but do not let this stop you from making a claim as our expert solicitors can trace insurers and businesses that are no longer trading.
If you were exposed to asbestos as part of your job and are suffering with an asbestos related condition, you can make a claim for compensation.
We support you through the asbestos claims process
We can provide assistance in applying for state benefits and lump sum payments from the government. You may be able to claim under the Diffuse Mesothelioma Payment Scheme if:
- your disease was caused by employment in the UK
- your application is made within three years of your diagnosis or onset of symptoms if you have not already made a civil claim for your mesothelioma
- if you are unable to trace the employers responsible for your exposure
We can provide assistance with making a Will, taking out a Grant of Probate and Trusts, and help family in dealing with Coroner and Inquests following the death of a loved one.
We can represent the dependants of loved ones who have unfortunately died as a result of one of the above conditions, and will also continue to pursue any claim should they die before the process is concluded.
Frequently Asked Questions
The amount you can claim depends upon which asbestos related illness you have been diagnosed with. Individual circumstances such as age, life expectancy and the severity of your illness will also have a bearing on the level of damages you may receive.
If you have mesothelioma and have been awarded Industrial Injuries Disablement Benefit, you will also be entitled to a lump sum payment under the Pneumoconiosis (Workers’ Compensation) Act or the Diffuse Mesothelioma Payment Scheme. To qualify for a payment, you must show that your illness has been caused by exposure to asbestos within paid employment and that you are receiving Industrial Injuries Disablement Benefit.
You may also be able to claim if you are the dependant of a loved one who has died from an asbestos related disease, and this claim must be made within 12 months of their death.
Our expert solicitors can provide assistance in pursuing an award under these schemes.
Each personal injury claim is different and the amount of recoverable compensation will depend upon the severity of your injuries, whether you are partly responsible for the accident, how much you have lost in earnings and whether you have made a recovery or whether you require further treatment.
Please click our personal injury compensation calculator to obtain further information about personal injury damages.
If your claim is successful you will receive one total sum that is arrived at by combining two heads of damage, namely general damages and special damages. General damages is an award of money that is given to you purely in relation to the injury you have suffered and takes into account pain and suffering, loss of amenity, severity of injury and whether any ongoing treatment and care is required.
Special damages are all those losses and expenses you have incurred as a direct result of the accident including loss of earnings, loss of pension, medical treatment, ongoing care and rehabilitation, travel expenses and modifications to your home.
You usually have three years in which to make a personal injury claim. This is usually three years from the date of your accident or three years from the diagnosis of a workplace illness. On occasions, the three year period will also run from the date on which you learned that your injury or illness was caused by somebody else.
There are some exceptions to the above period, and therefore it is best to get in touch with us as soon as possible. This will give our personal injury solicitors every opportunity of obtaining the relevant evidence that they need to successfully make your claim. We will be able to advise you of the exact legal deadline and will still be able to help you if the deadline is approaching.
Serious injuries are those which will have a long-term effect and are life-changing. Compensation for these injuries must take into account:
• Rehabilitation needs
• Long-term care and support
• Loss of earnings and pensions if you are no longer able to work or cannot perform the same job
• Moving to a new home or making adaptations to your existing home
Serious injury claims usually take a few years to bring to a conclusion. However, it is possible for us to obtain interim compensation payments before the conclusion of your claim, to help pay for any treatment you require. These payments are available if the responsible party admits fault for your injury. The final settlement will depend upon a number of factors including whether you have made a full recovery or not. Our specialist lawyers will make sure that your compensation is calculated to take into account all relevant factors.
You can claim damages to reflect the injury that you have sustained. This is known as general damages and takes into account pain, suffering, loss of amenity, how seriously injured you are and whether you have made a full recovery or not.
Any compensation claim would also include any financial losses you have suffered including loss of earnings, loss of pension, costs of medical treatment and travel expenses and costs of any rehabilitation and care, if needed.
The value of your claim depends on a number of factors but generally there are two categories:
1. Compensation for your Personal Injury
2. Compensation for your financial losses
We will help you understand the likely level of compensation you could receive providing:
• A full assessment of the extent of your injuries
• The type of injury sustained
• Your symptoms and their duration
• Advice on what can be claimed for
There are many ways of funding your personal injury case and we will advise you of the best option. We offer a genuine “NO WIN NO FEE” agreement and if you choose this arrangement you should have nothing to pay if your claim is unsuccessful.
We will also consider obtaining an insurance policy to be in place to pay your opponents costs should you be required to pay anything. If there is ever a situation whereby you may be required to pay something you will be advised of this possibility well in advance so that you can avoid it arising should you wish to do so.
Why should you choose Edwards Duthie Shamash’s accident at work solicitors?
We have provided specialist legal assistance for over 120 years to individuals, families and businesses.
We will provide you with a free claims assessment and advise you immediately as to whether you have a viable claim or not. If we proceed with your claim, we contact your employer and attempt to persuade them to accept liability for your accident. Then, we obtain all evidence on your behalf to support your case and will instruct medical experts to assess your injuries and the impact they’ve had upon you or your loved one.
We’re experienced and compassionate.
Our accident at work solicitors have extensive experience in handling claims and have recovered compensation for thousands of clients. We work on a No Win No Fee basis and do our utmost to recover the compensation that you deserve in a friendly and diligent manner.
