Asbestos Claims FAQs
Trethowans’ experienced asbestos solicitors answer your most frequently asked questions regarding asbestos compensation claims.
If you’ve been diagnosed with an asbestos-related disease, Trethowans law firm can help you seek compensation. Don’t hesitate to contact head of asbestos claims, John Hall, on 023 80820526 to arrange a consultation.
How long do I have to make an asbestos claim?
Can I still claim if the employer is no longer in business?
Many asbestos-related diseases can take several decades to develop symptoms and in that time many employers will have ceased to trade. However, as asbestos claims fall under employers’ liability insurance, a claim can still be brought against the company’s insurance provider.
Our experienced asbestos solicitors will use their knowledge and expertise to track down the responsible insurance company and ensure that they pay you due compensation. Contact John Hall to get started, on 023 80820526.
How much will it cost me to bring an asbestos claim?
At Trethowans, our asbestos lawyers operate on a ‘No Win No Fee’ basis. This means that you won’t have to pay anything unless your asbestos claim is successful. Unlike many other asbestos solicitors, we also do not deduct a success fee, which means that you are entitled to receive 100% of your compensation.
To find out more, don’t hesitate to contact our asbestos lawyers on 023 80820526.
What is pleural thickening?
Pleural thickening is one of the most commonly diagnosed diseases associated with asbestos exposure. It is caused by the inhalation of asbestos dust, which irritates the pleura in the lungs and causes the build-up of fluid and scar tissue. Significant scarring to the lungs eventually makes it difficult for the individual to breathe and can cause severe chest pain.
What is mesothelioma?
Mesothelioma is a type of cancer that develops in the pleural membrane of the lungs, most commonly as a result of inhaling asbestos dust. It is common for mesothelioma to take decades to develop, and results in the growth of tumours.
According to the NHS, more than 2,600 people in the UK are diagnosed with mesothelioma in the UK each year, the majority being males between the ages of 60-80 who were most likely to come into contact with asbestos during work.
Can I bring an asbestos claim on the behalf of a deceased family member?
Yes. It is possible to claim on the behalf of a family member who has passed away as a result of an asbestos-related disease, permitted that you have proof of diagnosis and that their time of death was no longer than three years ago.
If you are looking to bring an asbestos claim on the behalf of a deceased relative, don’t hesitate to contact our asbestos solicitors today for expert legal advice and guidance.
Will I need to go to Court with my asbestos claim?
It is very rare for asbestos to go all the way to court, although our specialist lawyers will routinely issue proceedings in the Royal Courts of Justice (High Court) asbestos list to keep cases moving forwards quickly.
How long will my asbestos claim take?
This depends on the quality of evidence we are able to obtain about asbestos exposure, the need to establish a certain asbestos disease diagnosis, whether or not we need to obtain expert engineering or nursing care evidence, etc.
We will always push living mesothelioma cases hard if we are instructed to obtain compensation during the sufferer’s lifetime. It is not unusual for our asbestos solicitors to settle such a case within three to six months from first instructions – we work hard to achieve the best possible outcome in the shortest possible time.
Pleural thickening cases generally take between a year and eighteen months to conclude. Lung cancer and asbestosis claims generally require a great deal more evidence so it can take longer to reach a settlement, sometimes up to three years from the start of the case.
Am I entitled to any government benefits?
Yes, there are a number of state benefits and statutory lump sum payments available for the victims of asbestos disease (save for pleural plaques). We will assist you claim for Industrial Injuries Disablement Benefit and a lump sum under the Pneumoconiosis Etc. (Workers Compensation) Act 1979 as a matter of routine.
Other state benefits, such as Constant Carers Allowance and Disability Living Allowance may also be available, as well as payments under government schemes such as the Diffuse Mesothelioma Scheme, where appropriate.
If you require any further information in regard to the available state benefits for those with an asbestos-related disease, call Trethowans’ asbestos solicitors today.
What happens if I start an asbestos claim and die before it is resolved?
Due to the serious nature of asbestos-related diseases, death before the case is resolved can be a valid concern for those wanting to make a claim. However, rest assured that it is possible for the executor of your Will to settle your asbestos claim on your behalf after you have gone, giving your family financial security. We have specialist private client lawyers who can help with Wills, and obtaining Grants of Probate / Letters of Administration, where required.
Specialist asbestos lawyer, John Hall, has provided support for a number of families in these same circumstances, and will give you with the very best advice on how to proceed with your claim. Contact John today on 023 80820526.
Can I still claim compensation for an asbestos-related disease if I was a smoker?
Yes, however, smoking can make your asbestos claim more complex. You will likely have to prove that your disease is a result of asbestos dust inhalation rather than smoking, for example, a certain number of asbestos particles being present in your lungs.
If you’ve developed an asbestos-related disease but are concerned about your history of smoking, we can help. Our asbestos solicitors are highly experienced in all types of asbestos claim and are happy to advise you further. Contact John Hall today on 023 80820526 to discuss the details of your case.
How much is my asbestos claim worth?
Your age, life expectancy and the severity of your illness, will play a part in the level of the award of compensation. It also depends which asbestos related illness from which you are suffering: pleural thickening, asbestos lung cancer, asbestosis or mesothelioma.
Asbestos compensation settlements can start at anywhere around £25,000 for pleural thickening, rising to £50,000 and in some cases in excess of £1 million in cases where there is a high income at time of diagnosis, or the sufferer has dependent children, or offers full time care to a disabled spouse/partner.
Specialist asbestos lawyer, John Hall will advise you on what your case is worth. Every case depends on its own facts and the evidence we are able to obtain.
How do I start my asbestos claim?
First, we advise that you seek an official diagnosis from a doctor – this will make a successful asbestos claim easier to achieve. Once you have a diagnosis, then your next step should be to seek expert legal advice from a trusted law firm.
To arrange a consultation with John Hall, head of asbestos claims here at Trethowans, don’t hesitate to call 023 80820526, or submit an online enquiry form and he’ll get back to you as soon as possible.