If you have been diagnosed with an asbestos related disease you may be able to bring a legal claim.

 

 

Unlike state benefits, you can make a legal claim even if your exposure to asbestos occurred outside of work. However, in compensation claims, it is necessary to establish negligence and/or breach of regulations and that the exposure caused the condition. This compares with the benefits scheme which is ‘no fault’.

 

 

Time Limits

Usually, a claim needs to be made within 3 years of diagnosis and you should therefore seek legal advice as soon as possible. Even if you do not suffer from any symptoms you should seek legal advice. Failing to make a claim now may prevent you making a claim in the future if you develop a more serious disease.

 

 

Who gets sued?

The most common claims are against former employers. It is usually their insurer who pays the damages. You can still bring a claim where an employer has gone out of business if insurers can be found.

Successful claims have been made against factory owners and employers by people who lived close to factories or washed contaminated clothing and developed an asbestos disease as a result.

 

 

Claims where someone has died

It is still possible to pursue a claim when a person has died from an asbestos related disease. The claim is usually made by the widow or children of the deceased. These claims can be more difficult to bring if no evidence was obtained before a person dies about how they were exposed to asbestos.

 

 

Collecting Evidence

Claims often relate to events up to 30 or 40 years ago. It is still necessary to get evidence of how the exposure took place. In these cases, evidence is obtained from witnesses, such as old work mates. It is still possible to trace employees where a sufferer is no longer in touch with former work mates.

 

Lawyers

The group can put you in touch with a specialist, experienced and sympathetic lawyer. Cases can be done on a ‘no win no fee’ basis and there is no charge for any initial advice.