If you are suffering from an asbestos-related illness and you are thinking about making a claim for compensation, below you find out everything you need to know about the process.
Who pays compensation with asbestos and mesothelioma claims?
Most asbestos-related illnesses were caused by exposure to asbestos at work. So in the vast majority of cases, a claim will be with a past or present employer. However, the claim itself will actually be managed by the company’s employer’s liability insurer. If your illness was not caused by exposure to asbestos at work, then who your claim is against really depends on the circumstances of your case. If you were exposed to asbestos in an accident in a public place, then your claim may be against local government or another authority.
How long do I have to bring an asbestos claim forward?
You have three years under the Limitation Act 1980 to bring your asbestos claim forward from the date of your Date of Knowledge, which is the date your asbestos-related disease or illness was first diagnosed. So for example, if your asbestos-related disease or illness was diagnosed a year ago, you only have two years left to bring your claim forward. It is sometimes possible to bring claims forward after this but only usually under exceptional circumstances and the courts will consider such requests on a case-by-case basis.
How long do asbestos claims take to process generally?
When you start a claim, realistic timeframes for claim completion should be clearly explained to you. In general, asbestos claims require considerable investigation so they take longer to process than, say, road traffic accident claims. A realistic timeframe for claim completion under the circumstances is 8-12 months. This may seem like a long time however if it is tough to track down the party responsible for your asbestos exposure then there is nothing one can do to speed up the process. It is also important to consider that insurance companies are notoriously slow at processing asbestos claims.
How much financial compensation can I put in a claim for?
This depends on the nature of your illness or disease. Most asbestos-related illnesses affect the lungs. The most common injuries include pleural plaque, lung cancer, asbestosis, plaque on the diaphragm, and mesothelioma. A fair and proportionate settlement demand will be determined by assessing the extent of your illness and how your illness has and will affect your life into the future. The more severe your illness or disease is, then generally speaking the more financial compensation you can claim for. For example, if your illness has shortened your lifespan considerably, then you could be owed tens of thousands of pounds.