Asbestos compensation claims solicitors

How much compensation can I claim for an asbestos-related illness?

The amount of compensation you may receive for an asbestos claim will depend on how severe your symptoms are, the level of pain and suffering they may cause, and the effects they will have on your life.

According to the Judicial College Guidelines from the Ministry of Justice, compensation amounts for general damages for asbestos-related illness range from £15,000 to £114,000.

These amounts relate only to what is known as general damages, compensation amounts paid for the severity of your illness, how progressive your symptoms are and how long you may have been suffering with them.

In addition, you can claim for special damages. Compensation for special damages in asbestosis-related cases can be claimed to cover expenses you may have already incurred or will incur because of your illness.

Because of the natural of asbestos related illnesses having a serious long term effect, it is common that the amount of special damages you can claim will be higher than what you can claim for general damages.

Compensation could be claimed for expenses that may include, but would not be limited to;

• Any costs associated with the medical treatment (including private medical treatment not available on the NHS) required to help manage the illness for the rest of your life
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any costs associated with adaptations you may need to make to your home
• Any loss of income or pension (including on behalf of those who may have passed.)
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred.

Can I make a no win no fee asbestos compensation claim?

Yes. Our asbestos-related compensation claims are managed by our experienced asbestos claims solicitors on a no win, no fee basis.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). This agreement means that there is only a fee on the condition that you win. It means you are safe to pursue a compensation claim with no financial risk if unsuccessful.

When your claim is successful, the other side (typically the responsible party insurance company) pays most of the legal costs, and the law firm takes a fixed and agreed percentage of your compensation. You will never be out of pocket when you make an asbestos compensation claim with Express solicitors.

When you make a no win no fee claim with us, we take out an insurance policy on your behalf, which protects you in the rare event the claim isn’t successful. This is known as an After The Event (ATE) insurance policy, which means you have no upfront costs and nothing to pay if you lose the case.

Can I make an asbestos claim on behalf of someone else?

Yes, as a designated family member, you can make a claim on behalf of someone else. In these instances, you can claim as a “litigation friend.”

Can I make a claim for asbestos after a death?

Yes, you can make a claim on behalf of a loved one who may have passed from an asbestos-related illness. You will have up to three years following the date of their passing to start your claim. In a small number of cases, the court may extend this time limit in exceptional circumstances.

Can I make a second asbestos claim if I’ve already claimed before?

You may be able to make a further claim if your health has deteriorated since your initial claim. A second claim may be possible if you have developed another asbestos-related disease in addition to what you may also be suffering from.

However, you can only do so if your first claim was on a “provisional” basis, not a “full and final” basis.

Provisional claims tend to be for smaller amounts but leave the claimant open to the opportunity to bring further claims in the future. Full and final claims usually are for more significant amounts but restrict the claimant from making any further claims in the future.

What do I need to prove in an asbestos compensation claim?

To claim compensation for an asbestos-related illness such as asbestosis or pleural thickening, you will need to show a direct link between your exposure to asbestos and your illness.

Most commonly asbestos claims are made against an employer. Such claims are made in relation to employment with all types of employment. Claims have been made on behalf of construction workers, ship builders, heating and plumbing engineers, electricians but also on behalf of office workers, health workers and teachers. Claims can also be made by visitors to premises such as schools, offices, and hospitals.

Can I claim for asbestos if my employer is no longer in business?

It is possible to claim even if your former employer is no longer in business, as their insurance company is liable for the compensation.

How do I know where and when I was exposed, especially if I worked for multiple firms?

It may be the case that you were exposed multiple times over your working life. Our solicitors have access to information that may help you put together your employment history. We can combine this with your medical reports to see when you were most likely exposed.

What is secondary exposure to asbestos, and can I claim for it?

Secondary exposure can occur when someone, such as a spouse or close family member, is regularly in contact with someone who has been directly exposed to asbestos. This means exposure to asbestos that someone else was first exposed to. For example, asbestos which contaminates a husband, wife or partner’s work clothes and is brought into the home on those clothes.

You can be susceptible to secondary exposure from breathing in asbestos particles from the clothes or hair of someone directly exposed.

If you think you may have developed asbestos-related illnesses due to secondary exposure to asbestos, speak to our specialist solicitors to understand your legal rights.

How long does it take to develop an asbestos-related disease?

It is most common to take up to 20 to 30 years before symptoms caused by asbestos exposure present themselves. However, this period can be between 10 and 50 years.

The time between being initially exposed and developing symptoms is known as the latency period.

Diseases such as asbestosis, mesothelioma and pleural thickening are caused by inhaling asbestos dust and fibres.

Asbestos is a fibre-like material that was regularly used in buildings for flooring, insulation, and roofing before the government banned its use in 1999.

If left alone, asbestos can be harmless, but if damaged, it can release a fine dust of sharp fibres that the body cannot break down. Once inhaled, these fibres can remain in the lungs building up scar tissue.

As the amount of scar tissue increases, the lungs stiffen and compromise the body’s ability to fill its lungs with air and provide oxygen to the rest of the body.

Further support

You can get help from any trade unions if you’re a member. The following charities are also available to answer questions:

• HASAG
• Mesothelioma UK
• The British Lung Foundation
• National Asbestos Helpline
• Asbestos Action

If your health is affected long-term, you may also qualify for benefits. You will be asked to undergo an assessment. Asbestos benefits you could claim include:

• Industrial Injuries Disablement Benefit
• Pneumoconiosis Etc. (Workers’ Compensation) Act 1979
• The 2008 Diffuse Mesothelioma Scheme
• Personal Independence Payments