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How can a Lung Cancer Solicitor Help?

If you were exposed to asbestos dust are diagnosed with lung cancer you may be entitled to bring a claim for compensation through the Courts.

In a lung cancer case it is very important to work out the amount of asbestos dust you have been exposed to.

It can be difficult to work out how much exposure you have had to asbestos dust. It is important to contact a specialist asbestos solicitor who can work out the level of your asbestos exposure and advise whether you can bring a claim for compensation.

What do I have to prove to win my case?

Bringing a lung cancer claim is very much like putting a jigsaw puzzle together.

There are various parts to the puzzle that have to be investigated and hurdles that have to be overcome before the jigsaw puzzle fits together.

In a case where exposure was at work you have to prove:

Defendant

Identify the employer or its Insurance company

Employment

Prove the sufferer was employed by the Defendant using witness evidence and/or documents, e.g. HMRC Employment History, Apprenticeship Deed

Exposure

Prove the sufferer was exposed to heavy or moderate amounts of asbestos fibres during the employment using witness evidence from the sufferer and others

Breach of Duty

Prove the defendant broke the law that applied at the time.

Causation

Prove the heavy or moderate exposure to asbestos caused the lung cancer by obtaining independent medical evidence

Value

Prove the value of the lung cancer claim by gathering witness, expert and documentary evidence.

My employer exposed me to asbestos but no longer exists so how can I bring a lung cancer claim?

You can but we need to trace the employers’ liability insurers on cover at the time of the exposure as they will pay your compensation.

I am not sure where or how I was exposed. Is there any point in contacting a Solicitor?

If you can’t remember any exposure to asbestos dust, then it is unlikely you will be able to bring a lung cancer compensation claim.

However, it is still worthwhile speaking to one of our specialist asbestos solicitors who have expertise, experience and knowledge gained over many years from other asbestos claims.

Our asbestos solicitors will speak to you about your work history to see if any asbestos exposure can be identified.

Even if a lung cancer claim isn’t possible, our asbestos solicitors will check that you are getting all the Government help you are entitled to.

How do you work out how much compensation I am entitled to?

In a lung cancer claim, compensation will normally be between £100,000 and £300,000, but in some lung cancer claims it can be a lot higher.

Each claim is assessed individually.

The aim of compensation is to make sure that you and your family don’t suffer financially as a result of the lung cancer.

There are two parts to the compensation claim:

  1. Compensation for the illness and its impact on your life. This is called ‘compensation for your pain, suffering and loss of amenity’. This will normally be between £58,000 and £81,000.

  2. Compensation for your specific financial losses and expenses caused by the lung cancer and includes loss of earnings, loss of pension and the cost of providing care.

 

Please click here for more information on what you can claim.

 

How long will my lung cancer claim take?

Our aim is to finish your lung cancer claim within 6 months of seeing you.

Some lung cancer claims with complex or unusual issues can take longer to finish. 

Will my case go to Court? Will I have to attend Court?

The vast majority of lung cancer claims settle before any final court hearing.  

How will my claim be paid for?

We will make sure that you are protected against having to pay legal costs.

We will talk to you about the different ways your lung cancer claim can be funded and which is the most appropriate for you.

Most claims are funded on a No Win, No Fee basis

You will always receive 100% of the compensation we obtain for you.

If we carry out investigations in your case but cannot make a lung cancer claim for any reason, then we will not charge you for the work we have done.

What happens if I die before my lung cancer claim is finished? What if someone I know has died of lung cancer but had not made a claim?

If you die part way through the claim then the Executors of your Will or your dependants if you didn’t make a will can carry on with your lung cancer claim.

If you die then it is important that the Coroner is notified about your death. Please click here for more information.

If someone you know died of lung cancer but didn’t bring a claim, then their Executors or dependants can contact us. If the Deceased died without giving any information about his/her asbestos exposure, then immediate investigations will have to be carried out so you shouldn’t delay in making a claim.

How long do I have to bring a claim?

There are strict time limits for bringing a lung cancer claim through the courts.

The general rule is a court case has to be started within 3 years of the diagnosis of lung cancer. 

If a sufferer dies of lung cancer, then it is usually 3 years from the date of death.

If you think the 3 year time limit has expired then it may not be too late to bring a lung cancer claim.

If there are good reasons for the delay then the Court might let you bring your lung cancer claim outside the usual time limit.

If you are outside the time limit it is always worthwhile discussing this with a specialist asbestos solicitor.

It is important that you seek urgent advice from an asbestos solicitor if you don’t know when you were diagnosed or think the time limit has expired or is about to expire. The quicker you act the more likely you will be allowed to pursue your lung cancer claim.

The Legal Process - How much will I have to do?

We understand asbestos sufferers and their family members may be worried about bringing an asbestos claim.

We understand you may not have brought a claim before or spoken to a solicitor for anything other than buying or selling a house or perhaps making a will.

We want to reassure you that by instructing The Asbestos Law Partnership LLP to bring your asbestos claim you will be in very good hands.

We will guide you through the legal process for bringing an asbestos claim.

There are some steps where we need your input.

However there are many steps in an asbestos claim where a specialist asbestos solicitor who has the necessary experience and knowledge gained from other claims can simply get on with the claim with minimal or no input from you.

Our aim is to provide you and your family with as much financial security as possible, as quickly as possible.

Stage 1
Investigation

You have an important role here as only YOU can tell us about your work and family life and how you may have been exposed to asbestos how you were diagnosed and what impact this has had on your life.

We will then put this is a statement for you.

We will visit you at home and discuss this with you.

We will obtain your HMRC employment history, medical records and any other documents that help your asbestos claim.
We will try to obtain witness evidence to support your exposure to asbestos dust either from your old workmates or people who worked for the same employer but didn’t know you.
We will obtain a medical report from an independent expert to support your claim. The report can be prepared on a review of the medical records and other papers or following a medical examination. This can take place close to your home or at your home.
We will gather evidence in support of the value of your asbestos claim including witness statements from family members caring for you and any relevant documents.
We will carry out numerous investigations to identify an opponent to claim against.

Stage 2
Negotiation

Once Stage 1 has been completed we will advise you on the prospects of winning your claim and what compensation you will receive.

We will do this at your home or over the telephone, whichever is easier for you.

We will send the evidence we have obtained to your opponents and invite them to settle your claim without taking it to court.

If your opponents make any offer then we will contact you and advise you what to do.

We will always advise you on your options and the best course of action.

There might be some negotation here before we can settle your claim on terms favourable to you.

If we are unable to settle your claim at this stage then we will move on to stage 3.

Stage 3
Court Claim

We will prepare the court papers and start a court action.

If you are terminally ill because of your asbestos illness, severely disabled or will be severely disabled then we will use the court’s fast track procedure for asbestos claims.

Your opponent will serve their reply to your claim.

Within weeks of this there will be a hearing at which the court will fix a timetable for resolving the claim. You won’t need to attend this hearing.

We will inform you what the timetable is.

The court sometimes enters judgment which means the only issue left to be decided is how much your asbestos claim is worth.

If judgment is not entered then the judge will timetable your claim to a trial.

If you are terminally ill, severely disabled or will be severely disabled due to your asbestos illness then the trial date can be within a few weeks or months of the hearing.

If your opponents disclose any documents, witness statements or expert evidence then we will discuss this with you.

If your asbestos claim is being disputed the court might order that you give evidence at home or at another convenient place before trial.

Your opponents will provide us with their valuation of your asbestos claim.

We will update our valuation of your asbestos claim and advise you.

If your opponents make any offers we will discuss this with you and advise you on the best course of action.
In the vast majority of cases we reach an agreement with your opponent. If we are unable to reach an agreement then the court will assess what compensation you are entitled to.

This page was last updated on: 18 Apr 2017, 2:52 p.m.

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