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Claims for Asbestos Related Disease

If you or a member of your family is suffering from an asbestos related disease, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.

Asbestos Exposure
Compensation Claim Time Limitation
Industrial Disease Claims Process
Asbestos Illness Compensation
Specialist Industrial Disease Advice

Asbestos Exposure

More often than not, exposure to asbestos will occur at one or more places of work. Generally the employer or employers will be responsible for this to some degree and, if this is the case, an employee suffering an industrial disease as a result will often be entitled to make a claim.  Exposure can occur under other circumstances however, such as in the home or any other building that contains asbestos, or through contact with a family member or partner that worked with asbestos.

These type of diseases do not show themselves quickly after exposure. They can take many years to develop. By then the person you need to make a claim against (perhaps an employer) may no longer be alive or in business. Pursuing these claims is complicated and is best dealt with by an experienced personal injury lawyer.

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Asbestos Related Diseases

There are certain industrial diseases known to be caused by exposure to asbestos.  They include pleural plaques, pleural thickening, asbestosis and mesothelioma.

Asbestos related illnesses occur due to damage caused by inhaled asbestos fibres and bring about respiratory problems.  Some conditions are less severe and do not always result in disabling symptoms, however others, such as mesothelioma for example, can be fatal.

Read our asbestos disease claim information page for a more in depth guide.

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Compensation Claim Time Limitation

As a rule, the period in which an injury claim can be brought in respect of an asbestos related disease is three years from the date of diagnosis. Unfortunately in some cases a diagnosis is only made after a person's death, however it may still be possible to claim compensation.

Under certain special circumstances however, cases have been brought when the normal time limit has expired, so it is always important to seek legal advice.

See our questions answered section for more information on the personal injury limitation period.

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Industrial Disease Claims Process

As the diagnosis of an asbestos related industrial disease can be made some years after the exposure occurred, the process of making a claim can be complicated. Tracing the responsible party is often difficult, as companies are sold, change their names or even cease trading, so it is important to appoint a solicitor well versed in such matters.

In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

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Asbestos Illness Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things that you used to be able to do before (eg household chores, sporting activities, walking the dog etc). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to your illness, so that these can be reclaimed. The aim is to put you back in a position financially as if the industrial disease had never developed.

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Specialist Industrial Disease Advice

At The Legal Line, our lawyers have fought and won a great many cases for sufferers of asbestos related diseases, so can provide expert claim advice and assistance in pursuing a claim.

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