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Personal Law
Asbestos and Other Industrial Disease Claims
If you may have an asbestos-related claim such as lung cancer, mesothelioma or asbestosis, talk to our trusted team today
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Brachers has a dedicated, experienced team who specialise in complex industrial disease claims, particularly mesothelioma claims and other asbestos disease claims. We have a proven track record of successful compensation claims for our clients and as we operate on a no win, no fee basis, we minimise any financial risk and take the worry out of making a claim.
You, or a family member may have been diagnosed with a condition such as mesothelioma, lung cancer, asbestosis or diffuse pleural thickening and have no understanding of whether this was the result of something you came in contact with during the course of a previous employment. In the UK, more than 5,000 people a year die from mesothelioma and asbestos-related lung cancer, even though widespread use of new asbestos ceased by the early 1980s. In addition, many are still being diagnosed with non-fatal asbestos-related diseases which in addition to asbestosis include diffuse pleural thickening. This is because these diseases do not usually develop until 30 or 50 years after the exposure. Our lawyers are experts in asbestos investigations, to help you work out if your diagnosis could be the result of asbestos contact, even from many decades earlier.
We not only deal with asbestos-related claims, we can also deal with many other industrial disease claims including occupational asthma, respiratory and lung disease, Hand Arm Vibration Syndrome (HAVS) and Repetitive Strain Injury (RSI), and dermatitis claims.
Recognition of our expertise
We are accredited by the Association of Personal Injuries Lawyers (APIL) and have their only accredited occupational and asbestos disease specialist in the region, so you can be confident you are in the hands of a team you can trust. Our team is also ranked as a leading firm in the legal directory The Legal 500 and we support the work of Mesothelioma UK.
We have many years of experience of making successful claims for our clients, but don’t just take our word for it. Take a look at our case studies and client stories highlighted below to see how we have helped our claims receive the compensation they have deserved.
How we can help with your claim
We understand how debilitating these conditions can be for both you and your loved ones, especially where, as with mesothelioma, the prognosis is terminal. As asbestos and industrial disease claims specialists we are passionate and determined to get the best result we can for our clients as quickly as possible. We will be there with you all the way helping you through your claim, standing with you and fighting your corner. We offer a full compensation claim service centred around your needs including the following.
- A free initial consultation to advise whether you have a good claim
- No win, no fee agreements to avoid any financial risk to you
- We will usually pay all legal expenses for you as the claim proceeds
- Immediate home and hospital visits offered where needed
- We will seek early interim payments and funding for treatment and rehabilitation including specialist nursing care, occupational therapy, mobility equipment, adaptations to your home to maximise your independence, buying or rent more suitable accommodation
- Assistance with industrial disease benefits applications
- Referral service to local asbestos support groups
- Access to our private client team to advise and assist you on personal injury trusts, Wills, powers of attorney and probate
For more information on the process of making an asbestos or industrial disease claim with Brachers, take a look at our simple animation below.
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Asbestos-related diseases - mesothelioma, asbestosis, lung cancer and diffuse pleural thickening
Asbestos is one of the main causes of death from lung disease, after smoking, and is the cause of many fatal and non-fatal conditions such as lung, stomach and larynx cancers; asbestosis; mesothelioma and diffuse pleural thickening.
Mesothelioma is an aggressive form of cancer that develops in the lining of the lungs (pleural mesothelioma), the tummy (peritoneal mesothelioma), heart or testicles. Unfortunately, this type of cancer is not curable, and from the date of diagnosis, victims and families have lots to deal with within a relatively short space of time.
Although the use of new asbestos has been completely banned since the 1990s, the effects of the exposure can take many years and even decades to be seen. As asbestos was used widely in construction we see many former tradesmen, builders and workers from manufacturers of building supplies being diagnosed with asbestos-related illnesses.
But it is not just those who worked in the building trade that have been affected, we are seeing more cases of asbestos exposure from users of hospital buildings, and talc used in beauty products such as talcum powder, face powder and baby powders. Asbestos has also been widely used in a variety of different ways including fake snow, cigarette filters, surgical thread and even children’s crayons.
Our experienced lawyers will deal with each case sympathetically and promptly on a no win no fee basis and are dedicated to getting full and fair compensation as quickly as possible. We are also the only firm in the region with an APIL accredited asbestos disease specialist lawyer.
If you or a family member has suffered an asbestos-related disease like mesothelioma, asbestosis, lung cancer or diffuse pleural thickening we have the experience and specialist expertise to help you through the process and meet your family’s needs – now and in the future.
If you feel that you may have a claim then book a free 30 minute consultation appointment with our team and we can advise whether you may have a claim and on the next steps to take.
Occupational asthma, silicosis and other respiratory diseases
Asbestos is not the only work-related cause of respiratory illness. Other substances at work can cause occupational respiratory diseases including hazardous chemicals in paint, resins, solder flux, solvents and other industrial solutions cotton dust, flour, silica in stone, the metal beryllium brick dust, coal dust, wood dust, other dust and even vegetable dusts. Such exposures can lead to an allergic reaction and occupational asthma or other respiratory diseases, including silicosis, berylliosis, rhinitis, sinusitis, byssinosis (brown lung), chronic obstructive airways disease and emphysema. There is now an established connection between high exposure to diesel fumes and lung cancer. We also specialise in these respiratory disease claims, offering a free initial consultation.
We work on a no win no fee basis and will pay your legal expenses up front for you. Workers most at risk from occupational respiratory conditions include: welders, paint sprayers, carpenters and other construction workers, cable engineers recovering old copper cables, demolition workers, textile workers, bakers and flour confectioners, lorry drivers and transport depot employees.
Where a chest physician confirms that a condition has been caused by exposure there will often be a good compensation claim for occupational asthma/other respiratory diseases., particularly under the Control of Substances Hazardous to Health Regulations.
If you feel that you may have a claim then book a free 30 minute consultation appointment with our team and we can advise whether you may have a claim and on the next steps to take.
RSI/WRULD/HAVS
We have a long successful track record with repetitive strain injuries (RSI) claims, working on a no win no fee basis. These are now commonly known as Work Related Upper Limb Disorders (WRULD).
WRULD include Hand Arm Vibration Syndrome (HAVS), sometimes known as Vibration White Finger (VWF). They also include; tendonitis, tenosynovitis, golfers and tennis elbow (epicondylitis), De Quervain’s tenosynovitis, trigger finger, bursitis, sub-acromial shoulder impingement, diffuse RSI, gamekeeper’s thumb and Raynaud’s disease. These injuries can be caused by repetitive and often forceful movements of a particular part of the body. Often prolonged awkward or unnatural postures are involved. Basically the body is being used in a way that it was not naturally designed to. HAVS and VWF result from prolonged use of vibrating tools such as pneumatic drills and there are guidelines as to recommended vibration exposure which employers should follow. However, other RSIs/WRULDs can happen in a variety of jobs.
The most common jobs causing HAVS or other RSIs are users of vibrating tools, operators of repetitive machinery, secretaries, other frequent keyboard users, accounts clerks, musicians, journalists and bank counter staff. Employers have duties to assess the risk from the work and then plan the work to prevent or reduce reasonable foreseeable risks of injury from HAVS or other RSIs.
These claims can be more difficult to prove than most occupational disease claims and a medical expert may need the assistance of an engineer or ergonomist. You are therefore well advised to contact a specialist firm like us, who have a successful track record with HAVS and other repetitive strain injury claims.
If you feel that you may have a claim then book a free 30 minute consultation appointment with our team and we can advise whether you may have a claim and on the next steps to take.
Dermatitis/skin disease
Some industrial chemicals tend to irritate the skin, leading to skin diseases, in particular dermatitis and eczema. Some individuals are more susceptible than others. Common chemical irritants which can cause dermatitis and eczema include the chemicals in latex, certain solvents and cleaning solutions. Those workers most at risk of developing skin disease, dermatitis and eczema include cleaners, healthcare workers, hairdressers, workers using or manufacturing rubber chemicals and soaps.
Where a dermatologist confirms dermatitis or eczema has been caused or contributed to by exposure to chemicals at work fault is usually established to obtain compensation. We have experience in successfully dealing with industrial dermatitis/eczema compensation claims.
If you feel that you may have a claim then book a free 30 minute consultation appointment with our team and we can advise whether you may have a claim and on the next steps to take.
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Get in touch with our asbestos and other industrial disease claims solicitors
Our industrial disease claims lawyers, based in Maidstone and Canterbury, are ready to help with any legal advice you may require so please get in touch today.
To get started you can book a free 30 minute appointment with one of our friendly team. Alternatively, call us on 01622 690691 or fill out our online contact form.
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FAQs
Please expand on the areas below to read our answers to some frequently asked questions.
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When can an asbestos disease claim be made?
You need to prove negligence/breach of statutory duty which caused the disease, but compensation claims for asbestos diseases can usually be made where caused by industrial exposure from 31 October 1965 onwards and sometimes much earlier. The claim is usually against the employer but sometimes it can be against a building occupier/main contractor. Claims can also be made for indirect asbestos exposure, eg wives washing their husband’s asbestos-dusty work clothes. Asbestos disease compensation can even be claimed after the victim’s death by their family, provided there is sufficient evidence. The general rule is that a claim needs to be made within three years of knowledge that you had an asbestos-related disease or within three years of the victim’s death from asbestos-related disease.
What can I do if my employer is out of business?
Even if the employer went out of business years ago you may still be able to claim compensation if we can trace insurers, e.g. through the Employer Liability Tracing Office. Sometimes there may be a claim against a building occupier instead. We might even be able to claim compensation for asbestos-related disease from US producers, where US material was the source of exposure, even as a consumer e.g. of talc/face powders. We are currently act in such a claim together with US lawyers. There is also now a scheme to compensate mesothelioma sufferers even where an insurer cannot be traced. Please see our mesothelioma section.
Which workers are most at risk from asbestos disease?
Workers who were most frequently exposed to asbestos include:
- shipyard workers
- plumbers and gas-fitters
- laggers and thermal insulation engineers
- building trades, including carpenters,
- decorators and electricians
- building surveyors
- general building labourers
- asbestos manufacturing factory workers
- vehicle mechanics/engineers
- those washing contaminated clothes
Which other workers and individuals are at risk?
Because of its useful properties in insulating from heat and sound the use of asbestos was very widespread as a product in buildings and vehicles between the second world war and the 1980s. In later years the material tends to deteriorate through wear and tear resulting in dust and fibres being released and inhaled by workers and others who did not directly work with asbestos at all or who did not realise they were working with asbestos. This includes:
• teachers and classroom assistants
• doctors
• nurses
• radiographers
• other medical professionals
• shop workers
• television and theatre set designers
• hairdressers
• make-up artists
• beauticians
• caretakers/building maintenance staffWhat are the common asbestos types and colours?
The most common asbestos type to which people have been exposed is “white” chrysotile, made up of “bendy” serpentine fibres. It is less hazardous than other types and yet it is capable of causing asbestos’ mostly deadly disease, mesothelioma and can also cause diffuse pleural thickening. This type of asbestos is a white-ish colour although it was often painted over or mixed with other different coloured products, e.g. as part of asbestos cement boards. The needle-like fibres of “brown” amphibole and “blue” crocidolite asbestos are more hazardous and often associated with asbestosis or lung cancer. “Blue” is the most hazardous and rarest and is usually a fairly distinct light bright almost violet blue. By contrast “brown” asbestos is not always brown but quite often could be grey, yellow, orange or other colours.
Can lung cancer be caused by asbestos and can I get compensation for it?
In addition to the specific asbestos-related cancer mesothelioma, it is not always appreciated that asbestos exposure can often cause general lung cancers, e.g. small cell lung cancer (SCLC), non-small cell cancer (NSCLC) and adenocarcinomas. This could either be due to asbestos exposure alone or asbestos in combination with smoking. Lung cancer is usually fatal, although occasionally can be successfully treated through surgery if caught early enough. It requires a history of heavy asbestos exposure to be linked to asbestos.
Where a post mortem is carried out a link between asbestos and lung cancer will be established if there is a sufficiently high concentration of asbestos fibres found to link the two. This testing can be carried out by a coroner’s pathologist. However, in our experience quite often examinations by coroners’ pathologists are inadequate to properly test for this. In such cases we sometimes involve the country’s current leading asbestos specialist pathologist Prof Richard Attanoos who will examine the lung tissue material under an electron microscope.
Where the victim is still living or where a tissue examination is not possible you ned to show a sufficiently high asbestos exposure dose based on occupational history. According to the agreed medical criteria known as “the Helsinki criteria”, this requires 25 fibre/ml years of exposure to mainly “brown” amosite asbestos fibres (or the rarer “blue” crocidolite) with a rule of thumb being one year’s heavy exposure to such asbestos fibres or five to ten years of moderate exposure. This still remains the predominant medical opinion, although some leading experts have suggested 20 fibre/ml years may be sufficient. Such estimates of asbestos exposure can be provided by an occupational hygienist, forensic scientist or engineer specialising in these claims (e.g. from Pragma). They will do so based on the available witness evidence describing the asbestos exposure as well as their knowledge of what was typical for that industry or employer at the time. There is a rule of thumb that one year’s heavy exposure to such asbestos fibres or five to ten years of moderate exposure will be enough. However, in practice certain more asbestos intense exposures, such as from making up or removing old asbestos lagging, may require only weeks or months to cause lung cancer.
As with mesothelioma, the cancer will typically develop many decades after the asbestos exposure and never less than about 10 years. Often the first symptoms are a persistent cough and then increasing breathlessness, fatigue, loss of appetite and loss of weight. An early CT scan is then best way to check for it. The diagnosis would normally be confirmed by a lung biopsy.
As with any other disease you also need to prove legal fault by someone with insurance or the means to pay.
Can compensation for lung cancer be obtained if the victim was a smoker?
Yes, and in practice most successful asbestos-related lung cancer claimants have also been smokers. That’s because in the 1950s to 70s most working men working with asbestos were smokers. It is known that both smoking or asbestos exposure on their own can cause lung cancer, but the chances of developing lung cancer are massively increased where there is a significant history of both smoking and asbestos exposure. It has a multiplicative effect. This means if say your smoking history had increased your lung cancer risk five times and your asbestos exposure had increased it ten times, the overall increase in your lung cancer risk would not be 5 + 10 = 15 x, but 5 x 10 = 50 x.
As long as the asbestos exposure more than doubles the risk of developing lung cancer from smoking alone, the link to asbestos exposure should be established. To show that however either there will need to be a sufficient number of asbestos bodies found in lung tissue sample (usually from a post-mortem) or a history of heavy asbestos exposure needs to be shown, as explained above. There would be % deduction for smoking contributory negligence if the victim continued smoking beyond the mid-1970s when smoking risks were generally known by the British public. The deduction is typically 15 to 20%.
Are there any other cancers caused by asbestos and can I get compensation for them?
The International Agency for Research on Cancer now consider it established that asbestos exposure can cause cancer of the larynx, ovary, pharynx and stomach. The HSE estimates that in the UK annually asbestos causes an average of 38 cases and 24 deaths from stomach cancer and eight cases and three deaths from larynx cancer. (It gives no figures for other cancers). Compensation could be obtained for these other asbestos-related cancer provided expert evidence establishes legal fault and probable cause and there is a defendant with insurance or means to pay.
What is asbestosis and can I get compensation for it?
Sometimes asbestosis is wrongly used to refer to any asbestos related disease. In fact, asbestosis is a specific disease involving scarring/fibrosis of the lungs themselves; particularly around the air sacs (alveoli). This condition can vary in severity from quite minor to serious or fatal. The usual symptoms of asbestosis are shortness of breath and coughing. Sometimes asbestosis can also cause swollen/”clubbed” fingers. It can affect one lung (unilateral) or both (bilateral). The symptoms from this condition usually come on gradually over a few years and typically many decades after the asbestos exposure causing it. It can be hard at times to diagnose and differentiate it from non-asbestos-based fibrosis. It requires quite heavy asbestos exposure to cause asbestosis, although medical experts now have different views about how much is required. In the past this was said to require the same amount of exposure as lung cancer- 25 fibre/ml years of exposure to mainly “brown” amosite asbestos (or the rarer “blue” crocidolite) However, some consultants now consider a rather lower threshold can trigger asbestosis. As with lung cancer, such estimates of asbestos exposure can be provided by an occupational hygienist, forensic scientist or engineer specialising in the claims (eg from Pragma) based on the available witness/other evidence. Again, the rule of thumb is one year’s heavy exposure to such asbestos fibres or five to ten years of moderate exposure.
As with lung cancer a CT scan is essential to diagnose the condition. It will typically show a “honeycombing” type pattern on a CT scan. If someone has had sufficiently high asbestos exposure it will normally be accepted asbestos was the cause of the fibrosis and it should be accepted as “asbestosis”, unless there were features untypical of asbestosis, e.g. if it came on very suddenly. If the fibrosis is considered unrelated to asbestos, it might be labelled “idiopathic interstitial fibrosis” (IIP). It is not unusual for asbestosis sufferers to be suffering symptoms partly from asbestosis and partly form other non-asbestos conditions like smoking-related COPD. They are still entitled to compensation but the amount will be affected by the contribution other conditions make to their respiratory disability.
As with the other diseases you also need to prove legal fault by someone with insurance or the means to pay.
What is diffuse pleural thickening and can I get compensation for it?
Diffuse pleural thickening is another common asbestos-related disease. It often causes only quite mild symptoms, although sometimes it can be quite disabling. It causes breathlessness but not coughing. Diffuse pleural thickening is caused by fibrosis (i.e. scarring) damage to the pleura membranes, i.e. the linings covering the lungs rather the lung tissue itself. This usually involves the inner (visceral) pleura. It can affect one lung (unilateral) or both (bilateral). This scarring can be caused by the body’s immune response to previously inhaled asbestos fibres. However other non-asbestos causes should be ruled out, e.g. infections like pneumonia, chest/rib injuries and the build-up of fluid in the pleural cavity. Once the scarring has become significant enough it can start to constrict the lungs and may even “squash”/flatten parts of the lung them – a process known as atelectasis.
To obtain compensation it is important to show that the thickening of the lining is a permanent condition caused by scarring rather than e.g. fluid resulting from an infection. It’s also important to show that the thickening is significant enough to constrict the lungs so as to cause breathlessness. Until the condition has reached that point it will not be considered a disease that can be compensated in England and Wales (just like pleural plaques – see below). Careful viewing of a chest CT scan by a chest physician or even a thoracic radiologist may be required. One test sometimes used is to see whether the “costophrenic” (corner) angles of the lower lungs look “blunted” on a CT scan. Like asbestosis, the symptoms from this condition usually come on gradually over a few years and typically many decades after the asbestos exposure causing it. Again, like asbestosis, quite often sufferers may be suffering symptoms partly from asbestosis and partly form other non-asbestos conditions like COPD.
As with the other diseases you also need to prove legal fault by someone with insurance or the means to pay.
What are pleural plaques and can I get compensation for them?
Pleural plaques are generally no longer considered an asbestos disease as such. These are chalky scars to the outer (parietal) lining of the chest indicating significant previous asbestos exposure, but they should not cause symptoms. You can no longer obtain compensation for symptomless pleural plaques in England and Wales, but you can if your asbestos exposure was in Scotland. In rare cases of particularly extensive pleural plaques causing breathlessness compensation could still be obtained in England and Wales.
How much compensation can be obtained for other asbestos diseases?
General damages for asbestos-related lung cancer itself is generally £90,000 or more. The range last recommended by the Judicial College Guidelines as of end September 2021 was £70,030 to £97,330. After uprating for RPI inflation this now comes to about £86,000 to £119,530 as at January 2024.
General damages for asbestosis and diffuse pleural thickening is very variable depending especially on the % degree of respiratory disability assessed as due to the disease. The Judicial College Guidelines last recommended figures were £32,500 to £35,500 for cases of 10% disability and £35,500 to £105,850 for disability above 10%. After uprating for RPI inflation as at January 2024 this now comes to about £39,910 to £43,600 for a 10% disability and £43,600 to £129,990 for higher disability cases.
For each disease the amount of the claim depends on the duration and intensity of the suffering, the treatment received and the claimant’s age/previous health.
All financial losses resulting from the disease can be compensated, including claims for loss of earnings/pension, future “lost years” loss of earnings/pension, medical expenses, travel, aids and adaptations. Significant claims can also be recovered for the value of care provided to the victim , even where this was unpaid for, typically running to 4 figures. Where the victim has died due to the disease bereavement damages of £15,120 can be awarded to the widow/widower/civil partner of the asbestos disease victim and reasonable funeral expenses. A claim can also be made for a significant contribution to the costs of any hospice that looked after the victim.
Where the victim has died due to the disease, claims for the dependency of their family can be made. This can include a claim for financial dependency on the victim – in the case of a dependent spouse typically two thirds of their joint net income less the survivor’s own incomes. They can also a claim for the value of the victim’s non-financial services, such as DIY and gardening, which often also amount to a significant 4 figure sum.
What should I do if I have a more minor asbestos disease now but I’m worried I might get a more serious or fatal disease?
This can be an understandable concerns for victims of diffuse pleural thickening and asbestosis. The law caters for this situation by allowing you to claim compensation now on a “provisional damages” basis. This means you get compensation now for the effects of any asbestos disease you currently suffer. However you (or your family) would have a right to come back later and claim additional compensation if you later developed a more serious or fatal disease.
Settling your claim on a provisional damages basis would mean having to take slightly less compensation now (typically about 5 to 10% less). But you have the peace of mind of knowing you or your family could claim additional compensation later of your developed a more serious disease later.
What if more than one employer or source exposed me to asbestos?
You can only get compensation from each defendant/insurer according to the % they contributed to your asbestos exposure. This is calculated on an exposure time apportionment basis. So, say you were exposed to asbestos over 10 years by five different employers for two years each. Say they were all dissolved and insurers could only be found for three of them. Say your claim was agreed to be worth £100,000. You would be awarded £60,000 – £20,000 from each traced insurer.
What if there are no insurers?
Unfortunately if all those who had exposed you to asbestos had gone and no insurers could be found you would be unable to obtain any compensation.
However, you may well be able to obtain from the DWP weekly industrial injuries disablement benefit and/or a lump sum for your condition from the DWP under the Pneumoconiosis (Workers Compensation) Act 1979.
How quickly can compensation be obtained?
Generally asbestosis and diffuse pleural thickening is not fatal. A typical time frame to settle these cases is anywhere between 9 months and two years, depending on various factors, including whether we can promptly find compensators and how co-operative/responsive they are.
If you have a fatal disease, such as most lung cancers, we will prioritize your claim, aiming to settle these claims within less than 12 months if possible. This can be assisted by the High Court Fast Track procedure for asbestos disease claims. If it is not possible to quickly settle the whole claim, then we would seek a general interim payment of £50,000, as well as payment of any significant financial losses and funding for any medical treatment.
Sadly it is not always possible to settle fatal claims quickly; e.g. if there is a delay in tracing insurers or insurers delay or dispute the claim. In some cases by the time solicitors are instructed the disease is quite advanced and the sufferer sadly passes away before compensation through a claim can be obtained.
There are also legal reasons why sufferers often prefer to delay final settlement until after they have died. Where they leave dependents their dependents can often recover greater compensation after they have died including bereavement damages, funeral expenses and financial and services dependency.
Where the sufferer has died, whilst there is less urgency to obtain compensation quickly, we will still aim to obtain compensation for the family as promptly as possible. However, this is often subject to factors beyond our control and we appreciate that some bereaved partners are not always ready to proceed with a claim straightaway.
Is there a time limit for making a claim?
Thankfully the time limit for bringing a claim does not start when the victim was exposed to asbestos, as if it did all claims would be barred for limitation.
Time only starts running from the “date of knowledge” – when you were or should have been aware you had an asbestos-related disease. This may be the same date as the diagnosis but it can be several years later. For example, in lung cancer cases the victim and their family are quite often never told that their disease may have been caused by asbestos and may only become aware of this several years later. Such claims would still be in time to bring, and we have successfully brought such claims.
For an ordinary civil compensation claim there is a three year time limit to commence court proceedings within three years of the date of knowledge. This is known as “the limitation period”.
Once defendants/ insurers have been notified of a claim extensions to the limitation period are usually agreed where this is needed.
The courts have a discretion under section 33 of the Limitation Act 1980 to allow your claim to be made late if it is “just” to do so. This will normally be allowed if the defendant suffered no evidential prejudice due to the delay, i.e. no witness or documentary evidence has been lost since the three years passed.
Will I have to attend court?
Almost certainly not. We deal with many asbestos disease claims, the large majority of them successfully. In quite a few of them we need to start court proceedings to get a good result for the client. However, in the last ten years we have only had one case going to a court trial.
What if the victim has already died?
Where the asbestos disease victim dies his estate can bring a claim for the victims’ losses suffered before they died, including general damages, value of personal care provided and any losses suffered in their lifetime. In addition if the disease caused their death a claim can be made for the victim’s dependents for bereavement damages (where they leave a spouse/life partner), funeral expenses and any financial or services dependency.
To bring a claim either the victim must have named an executor in a valid will or else their next of kin will need to take out letters of administration. Brachers’ private client team can assist you with this.
When the victim dies the three year time limit starts again for the benefit of their estate and dependents. So if the victim was say diagnosed in June 2019 and dies in May 2022 their estate/dependents do not need to start court proceedings until May 2025.
If the claim is late -either before the victim died or afterwards – the court has a discretion to allow the victim’s estate to bring the claim late under section 33 of the Limitation Act.
How much are the legal costs involved in a claim?
If we take your case on we always act on a no win, no fee basis, i.e, under a conditional fee agreement. So if the claim is lost, provided you followed our terms to act reasonably and honestly, there will be no charge for our time and any other costs would be covered by the insurance we would arrange for you (which insurance also works on a no win, no fee). If you win your claim most of our basic costs are paid by the other side. However we would charge you for our success fee, shortfall and the insurance premium (the insurance is typically about £1,250). This is simply deducted from the damages. However, we cap our charges so that we do not deduct any more 25% plus insurance. The deduction may well be less than this but it can’t be more. So if you were awarded say £150,000 and the insurance premium was £1,250 you would receive a minimum of £111,250.
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Expertise
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Mr and Mrs D, client and wifeWe have felt that you were truly there for us every step of the way. We knew you genuinely wanted us to come out of this with the best possible outcome and least scythed. It was an absolute pleasure to have met you. You were a beacon of hope for us…
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Sean Lewis, clientMark’s conduct and professionalism is impeccable. He empowered me to make the right guided decision within my case.
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Sue, widow of mesothelioma victimIt was a pleasure to work with Jeremy. He gave us the strength to pursue this matter. He is the ultimate professional and his friendly, sympathetic manner encouraged us every step of the way.
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Frances, widow of mesothelioma victimWe wanted to let you know how much we appreciated all your hard work, professional support, compassion and guidance. It was helpful knowing that you were with us on what was a long and emotional journey.
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Barbara, widow of mesothelioma victimExcellent – could not have asked for a better service. Jeremy was understanding, kind and thoughtful. He was very patient with me and respected my decisions. He made a difficult situation bearable. Thank you.