How Can I Claim for Asbestos Compensation?
There are times limits for making asbestos compensation claims and it is important that these are followed to enable an asbestos claim to proceed. For those who are suffering from an asbestos related condition they must start court proceedings within 3 years from the date when they were told that they had developed an asbestos related condition caused by their work. If the asbestos claim is being brought on behalf of an estate for someone who has died of an asbestos related condition then the estate has 3 years from the date of death in which to commence court proceedings providing the deceased developed the asbestos related condition less than 3 years before they died.
Asbestos compensation claims can be brought outside of these time limits with the discretion of the Court but it is not advisable to delay in bringing a claim as the Court may well not exercise its discretion to allow a claim to proceed.
It is important to bring the claim as soon as possible particularly in a case where a Claimant may not have very long to live and where he or she has no relatives to benefit from a claim after their death.
Much of the exposure to asbestos which causes disease occurred many years ago and the company that exposed workers to asbestos may well have ceased trading. An asbestos compensation claim can still brought against them however subject to suitable insurance cover being in place. If insurance cover is in place and court proceedings are required then the company can be restored to the Companies Register in order for a claim to be brought against them.
If you do wish to make an asbestos compensation claim then from your first point of contact with us we will strive to make the process as straightforward as possible and will fight for maximum asbestos compensation on your behalf.
We will strive to obtain as much evidence as possible in support of the claim which may include:-
- A witness statement from you and any ex-colleagues who may be able to support allegations of exposure to asbestos;
- Medical records and x-rays;
- Benefits records;
- An Employment history;
- Medical evidence from a Chest Specialist;
- A Care report documenting nursing care assistance needed as a result of your asbestos condition;
- Engineering evidence.
During the course of the claim we never forget that at the heart of the asbestos claim are individuals suffering from a debilitating and sometimes terminal illness or relatives who have lost a much missed loved one. We pride ourselves on our quality and caring approach to asbestos compensation claims.
There are many factors which determine how long an asbestos compensation claim will take. These include whether the company or insurers can be easily traced and also the nature of the asbestos condition. In cases such as mesothelioma where a Claimant may not have very long to live we progress the claim as quickly as possible and we have regularly settled claims within a few months of receiving instructions for significant asbestos related compensation.
An asbestos compensation award can include claims for:-
- Pain and suffering and the impact of the disease on day to day living.
- Nursing care provided by care professionals and loved ones.
- Payments made for D.I.Y. tasks, gardening and other jobs around the house.
- Loss of pension.
- Loss of earnings.
- Disadvantage on the labour market.
- Expenses in attending medical appointments.
- Bereavement damages for loss of a loved one.
- Funeral expenses.
- The cost of private treatment.
We aim to maximise compensation for all past and future loss in asbestos compensation claims.