Asbestos is a mineral that was once widely used in buildings during the 1930s through to the 1970s until it was discovered that asbestos can cause underlying health issues and was subsequently banned.

Many find it hard to believe that people are still suffering from asbestos-related problems, decades after legislation outlawing its use in construction. The problem is that firstly, symptoms from exposure to asbestos can take many decades to materialise and secondly, it is still present to a large degree in many buildings even to this day.

Figures from the HSE suggest that there will continue to be around 2,500 deaths per year for a number of years yet from mesothelioma. That is a particular type of cancer (affecting the lining of the lung) which is almost always caused by exposure to asbestos many years later. It is a brutal disease and one which is horrible for any family to have to witness.

Exposure to asbestos dust happens when asbestos is disturbed and asbestos fibres are released into the air which when inhaled, can be very serious. People are most likely to be exposed to asbestos in the workplace, and this type of industrial disease can have severe and long-term consequences, including disabling illness, a shortened life expectancy, loss of earnings and even the inability to look after yourself or others.

Being diagnosed with one of these diseases can be traumatic for yourself and your family members. If you have been in contact with asbestos due to someone else’s negligence, you could be entitled to claim compensation.

If you have developed an asbestos related illness that was not your fault and are looking to make a claim, it is likely that you will have many questions, below is a summary of what you can make an asbestos claim for and what you may be eligible for.

 

Can I claim for asbestos exposure?

There are different types of asbestos related diseases that can be developed as a result of asbestos exposure. Even minor exposure can have very serious consequences, listed below ere are some of the most common illnesses and diseases that are caused by asbestos:

Mesothelioma – Mesothelioma is a cancer which is almost exclusively related to asbestos exposure, it affects the lining of the lungs and the lining surrounding the lower digestive tract. It is particularly serious as, by the time it is diagnosed, it is almost always fatal.

Pleural thickening – Pleural thickening can occur after heavy asbestos exposure. The lining of the lung swells and thickens. In serious cases, the lung itself can be squeezed which can cause shortness of breath and discomfort in the chest.

Asbestos-related lung cancer – Asbestos related lung cancer is similar to lung cancer caused by smoking and other causes.

Asbestosis – Asbestosis is an asbestos related condition that causes scarring on the lung. It normally occurs after exposure to asbestos over many years. This condition causes shortness of breath, and in severe cases can be fatal.

Pleural plaques – Pleural plaques are scarring on the protective membrane surrounding the lungs. This is caused by the inhalation of asbestos fibres over a long period of time. Unfortunately, pleural plaques are not compensatable in England and Wales.

Fatal injuries

If you are suffering from any of the compensatable illnesses listed above, you should consider making a claim for compensation.

 

Asbestos claims: what are the symptoms of an asbestos related illness and how long do they take to develop?

If you or someone you know has potentially been exposed to asbestos and have developed any of the following symptoms, it is crucial that you seek medical attention as soon as possible:

• Persistent cough
• Chest pain
• Tiredness
• Tightness in the chest
• Trouble breathing/shortness of breath

These symptoms can sometimes take anywhere between 10 and 50 years to develop after the initial exposure to asbestos, depending on the level of exposure.

 

Asbestos claims: how to claim for asbestos compensation

 

In simple terms, claiming compensation for asbestos related conditions is possible when an individual can prove that they suffered due to negligence from someone else, such as an employer.

To be eligible to receive compensation, you must be able to prove that your condition was caused as a result of exposure to asbestos in breach of the legal standards at the relevant time, and that the exposure was caused by someone else’s negligence.

If the asbestos exposure happened in the workplace, you will need to show that your employer was aware of the risks and was aware that there was a high probability that you could develop asbestos related diseases. Finally, you will have to prove that your employer was negligent with regards to informing you about the dangers of asbestos and failed to put proper precautionary measures in place, such as provide protective gear.

 

Evidence that can help to support your asbestos claim is:

 

• Medical reports proving that you were diagnosed with mesothelioma or any other asbestos related condition
• Imaging scans showing the extent of any cancer
• Blood tests supporting your diagnosis
• Employment records
• Pay records that prove past employment
• Contact information of former colleagues or employers

It is in your best interest to contact a specialist asbestos solicitor as soon as possible as they can discuss your entitlements with you and advise you on your options going forward. Specialist asbestos solicitors from law firms can provide clarity on whether you have been wrongly injured due to asbestos negligence as they are legal experts and specialise in asbestos and mesothelioma claims.

As with most personal injury claims, you have three years from the date you were diagnosed with an asbestos related condition to claim compensation. However, time limits on asbestos claims can be difficult as it can take a long time to develop an asbestos related illness. Therefore, it is vital that you are assessed by a doctor as soon as possible so that you are able to start the claims process.

 

Asbestos claims: what help is available?

Being diagnosed with an asbestos related condition can be incredibly distressing for the person affected and their loved ones. However, there is help available:

There are a number of charities and support groups that offer a range of advice and assistance to those who have been diagnosed with an asbestos related disease

Lump-sum payments are available for those suffering with an asbestos related condition in order to help with finances if needed

Compensation is available to those that have suffered from an asbestos related illness that was down to someone else’s negligence. It can give you and your loved ones piece of mind that you will not suffer any financial hardship.

If you have lost your job due to asbestos, securing your financial future is crucial; consider a settlement agreement to claim loss of earnings.

 

How much do asbestos claims cost?

We will always be 100% transparent about what our charges are, if we take on your case we will almost always do so on no win no fee agreements (also known as a conditional agreement).

This means that if you do not win your case, you do not pay us any fees at all. If we win the case we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.

We will never ask you to sign anything until you are completely happy with what it is that we are proposing.

 

How can Wildwood legal assist?

We have the experience of having acted for many asbestos victims over the years. It is always upsetting to see the impact such conditions have on people and their loved ones who are left behind.

We can’t take away that pain, but we can help on the financial side by helping families through the complex stages of a claim for compensation. For years, insurance companies have tried to fight their way out of paying asbestos claims and there are many Court cases which illustrate this. If we think that you have a good case, we will do everything we possibly can to recover compensation for you.

Nobody deserves to develop asbestos-related problems. If it happens to you or your loved ones, we are here to help.

Our law firm is authorised and regulated by the Solicitors Regulation Authority therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.

Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.

We value the opinion of our clients and we will always listen to you and take on board what you say.

To make an enquiry, get in contact with us either email us info@winstonsolicitors.co.uk or call us 0113 320 5000.

We offer a nationwide service, assisting those based in Birmingham, Manchester, Aberdare, Kent, London, Surrey and beyond.