If you have lived or worked with or near Asbestos and you have respiratory problems you may suffer from an asbestos related disease.
Asbestos-related diseases include:
- • Asbestosis
- • Lung Cancer
- • Mesothelioma
- • Pleural Plaques
- • Pleural Thickening
If it can be shown that on the balance of probabilities asbestos exposure is responsible for you suffering from one of the above conditions you may be able to claim compensation. However simply because you have been exposed to asbestos does not necessarily mean that you will automatically suffer from an asbestos related disease. Many people who have been exposed to asbestos never develop an asbestos related disease.
In order to have the basis of a claim it will be necessary to show that someone (your employer or the person responsible for exposing you to asbestos) was negligent in exposing you to asbestos and failing to take sufficient reasonable precautions to prevent you from developing an asbestos related disease or condition.
Family members of those who have been exposed to asbestos may also be able to make a claim against the man’s employers if they develop an asbestos related disease as a result of exposure to asbestos fibres which have been brought home on the person’s work clothes.
Even where the victim dies a claim may still be pursued by the victim’s widow, dependents or personal representatives.
If a claim for an asbestos related disease is successful it is usually possible to claim compensation for the pain and disability (both past and future) that the victim has suffered. It is also possible to recover compensation for financial loss attributed to the asbestos related disease – for example
- • the cost of medical treatment or medication
- • loss of earnings
- • travel expenses to and from your GP or Hospital for treatment
- • care and assistance someone has had to give you because of your injuries
A person usually only has 3 years to start court proceedings from the date they become aware they are suffering from an asbestos related disease and they connect it to their employment or to the environment in which they live. In some cases the courts may waive this 3-year time limit if the claimant can show that he/she had a good reason why they did not pursue a claim earlier.
If you believe that you may be suffering from an asbestos related condition or disease you should therefore seek legal advice immediately.
As a result of a House of Lords Decision in 2007 it is not now possible to pursue a civil law claim for compensation for pleural plaques alone as the Courts do not currently recognise this as a signficant injury for which compensation is payable.
Asbestos Compensation Solicitors, Asbestos Claims