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How can a Mesothelioma Solicitor help?

Claiming compensation for mesothelioma through the courts

If you were exposed to asbestos dust and are diagnosed with mesothelioma, then you may be entitled to bring a claim for compensation through the courts.

You can bring a claim if you were:

  • Exposed with a previous employer

  • Exposed by a person or any other organisation

  • Exposed from living, working, attending school or being regularly near a factory using asbestos

  • Exposed from washing asbestos contaminated clothes of a family member or living with a family member who worked with asbestos

  • Exposed from using products containing asbestos

This is not a complete list of situations for which you can bring a mesothelioma claim. If you were exposed to asbestos dust in any other way, then you may still be able to bring a claim. One of our specialist mesothelioma solicitors can advise you on this.

 

What do I have to prove to win my case?

Bringing a mesothelioma 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 claim 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 asbestos dust 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 exposure caused the Mesothelioma by obtaining independent medical evidence

Value

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

My employer exposed me to asbestos but no longer exists. Can I bring a mesothelioma claim?

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

What happens if my employer no longer exists and the employers’ liability insurers cannot be found?

You might be able to apply for a one-off Government payment under the Diffuse Mesothelioma Payments Scheme. For more information click here.

Our mesothelioma solicitors have previously made successful claims to this Government scheme and will be able to assist you in making a claim to the scheme if your employer and their insurers cannot be traced.

I am not sure where or how I was exposed to asbestos dust. Is there any point in contacting a mesothelioma solicitor?

Yes, because our specialist mesothelioma solicitors have expertise, experience and knowledge gained over many years from other claims and could help you identify where you have been exposed to asbestos dust.

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

Mesothelioma Compensation will normally be between £100,000 and £300,000, but in some mesothelioma 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 mesothelioma.

There are two parts to the compensation claim:

  1. Compensation for the mesothelioma and its impact on your life. This is called ‘compensation for your pain, suffering and loss of amenity’. This will normally be between £50,000 and £100,000.

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

Click here for information on the different things you can claim in a mesothelioma claim.

How long will my mesothelioma claim take?

Our aim is to finish your mesothelioma claim within 3 to 6 months of seeing you.

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

Will my mesothelioma claim go to Court? Will I have to attend Court?

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

How will my mesothelioma 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 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 claim but cannot make a claim for any reason then we will not charge you for the work we have done.

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

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

If someone you know died of mesothelioma but didn’t bring a claim, then their Executors or dependents 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 mesothelioma claim?

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

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

If a sufferer dies of mesothelioma, 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 claim.

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

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

It is important that you seek urgent advice from a specialist mesothelioma 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 a mesothelioma claim.

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

We understand mesothelioma sufferers and their family members may be worried about bringing a mesothelioma 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 you will be in the very good hands of one of our specialist mesothelioma solicitors.

Our mesothelioma solicitors will guide you through the legal process for bringing a mesothelioma claim.

There are some steps in the legal process where we need your input.

However there are many steps where a specialist mesothelioma solicitor who has the necessary experience and knowledge gained from other claims can simply get on with the case 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 using the fast track procedure for mesothelioma claims.

Within a few weeks there will be a hearing at which the court will fix a timetable for resolving your mesothelioma 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 mesothelioma claim is worth. If this happens the court is likely to tell your opponents to make a part payment to you of £50,000.

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

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 mesothelioma claim.

We will update our valuation of your mesothelioma 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: 9 May 2017, 3:57 p.m.

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