Asbestos & Mesothelioma Comparison Claims

If you have been diagnosed with an asbestos-related disease, you’ll understand what a big impact such a diagnosis can have on your life. For many people, illness caused by asbestos can mean no longer being able to work and having to find money to pay for medical treatments and travel expenses relating to hospital and doctors’ appointments. Sadly, for some, asbestos illness can ultimately take years off their life expectancy and result in untimely death.

If you are one of the 2,600+ people who are diagnosed with this mesothelioma or other asbestos-related disease in the UK each year, it’s important to remember that you may be entitled to claim compensation. The money you receive could give you the opportunity to comfortably afford the level of care you need going forward, giving you one less thing to worry about.

Asbestos claims may be made against a previous employer if you have reason to believe that exposure to asbestos occurred during the course of your employment and they were negligent. Contact us to find a specialist solicitor to handle your case and get the compensation you’re entitled to.

What Kinds Of Asbestos-related Illnesses Can I Claim For?

There are a number of different types of illnesses that can develop as a result of exposure to asbestos. The most common is mesothelioma, a form of cancer that attacks the lining of your lungs and can also affect the lining of your abdomen or your heart. Symptoms include:

• Shortness of breath
• A persistent cough
• Extreme fatigue
• Chest pain
• High temperatures and sweating at night
• Swollen fingers
• A sudden drastic loss of weight

It is believed that almost 100% of mesothelioma cases occur in patients who have been exposed to asbestos over a prolonged period of time. Caused by inhaling tiny fibres which then travel to your lungs. Typically after more than 20 years, these fibres break down and cause mesothelioma to develop. Common on construction sites, asbestos was only banned in the UK in 1999 meaning hundreds of thousands of people are still developing mesothelioma today.

As well as mesothelioma, you can also develop the following illnesses from asbestos:

• Asbestosis – a serious condition that can result in scarring of the lungs. Symptoms include breathlessness, a persistent cough, chest or shoulder pain and wheezing. Sufferers can also experience fatigue and in some cases, swollen fingertips.
• Lung cancer – a cancer that affects the lung itself, unlike mesothelioma which affects the lining of the lungs. Lung cancer is more likely to spread to other areas of the body, whereas mesothelioma tends to aggressively affect the lining of the lungs alone. Symptoms of lung cancer include a cough that lasts for more than two or three weeks, a long-term cough that gets worse, recurring chest infections, pain when breathing or coughing, coughing up blood, breathlessness, fatigue and lack of appetite.

You may be able to make a claim against a previous employer if you have been diagnosed with an industrial disease, such as one of the above illnesses, that developed as a result of exposure to asbestos through your work. If you lived close to a factory that regularly used asbestos you may also be entitled to take legal action.

It can take anywhere from six months to two years to complete your claim and receive your compensation if you are successful.

How To Make A Claim For Asbestos-related Illnesses

If you believe you have a good case, you can make a claim with a reputable and experienced claims solicitors. By filling in our claim form, you’ll get access to our specialist directory of relevant solicitors. You’ll be able to pick the solicitor you think can best handle your case.

Once you’ve made this choice, they’ll likely ask you to provide them with as much information and evidence as possible, so do provide this in a timely manner so they can assist with and progress your claim.

To make a strong case, we advise that you gather evidence that can show your employer was aware of the risk of exposure to asbestos and did not inform you of the risk, provide appropriate protective workwear or put other appropriate measures in place to protect you. Examples of this include:

• Employment details
• Proof of the presence of asbestos
• Details of former employees who have made similar claims
• Medical records
• Witness statements

For the best chance of winning your case, it is advisable to hire a specialist industrial diseases solicitor with knowledge and experience of asbestos compensation claims. If you’re not sure whether you have a case, it’s best to seek professional legal advice.

Fees And Compensation For Asbestos Claims

Asbestos compensation payments can vary. The amount you receive will usually be impacted by the condition you’ve been diagnosed with and its severity. Your solicitor will assess a number of variables and they will determine how much your claim could be worth. These include:

• Any loss of earnings you and your family have incurred
• Any major lifestyle changes caused by the injury
• Any ongoing private medical bills incurred as a result of your treatment
• Whether you’ve had chemotherapy or radiotherapy
• Any other expenses such as travel costs and care costs

While we cannot offer an exact figure relating to the amount a successful claim might bring, our useful personal injury claims calculator tool may be able to give you a rough idea of the size of the claim you could be looking at.

When it comes to solicitors fees, many solicitors will offer a ‘no win, no fee’ system. This means, should you lose your claim, you aren’t required to pay anything. If your case is successful and you do win some compensation, the solicitors can receive up to 25% of this final amount.

Time Limits On Making Asbestos And Mesothelioma Claims

For an industrial disease case, like asbestos claims, you have up to three years to begin your claim. The start date is when you were first diagnosed with the disease, or for family members claiming in the event of an asbestos-related death, the day their relative passed away. It’s important that you begin your claim as soon as you’re able to ensure you get the compensation you deserve.

Frequently Asked Questions About Asbestos

What Is Asbestos?

The term ‘asbestos’ refers to a group of six naturally-occurring and highly heat-resistant silicate minerals that were commonly used in the building trade. The use of this material was completely banned in 1999. However, asbestos can still be found in many industrial and residential buildings that were built or refurbished before 2000. It can be found in many different areas of business premises and homes, including water tanks, pipe lagging, roofing felt, loose fill insulation and in sprayed coatings on ceilings and walls. Licensed contractors are the only people who should work with these materials.

Why Is Asbestos Dangerous?

If materials that contain asbestos experience destruction or disruption, microscopic fibres can enter the surrounding air. Should you breathe in these fibres, you’re at risk of developing a range of serious diseases. In most cases, you won’t notice anything right away. Instead, you’ll find that asbestos-related illness tends to develop over a long period of time. Sadly, however, once an asbestos-related disease has taken hold, it may be too late to treat. This is why prevention is key in the first instance.

Who Is At Risk From Asbestos Illnesses?

People who work in the building, maintenance or refurbishment trades are at risk of coming into contact with asbestos in the course of their work. Examples of occupations at risk include:

• Heating and ventilation engineers
• Construction workers
• Demolition workers
• Electricians
• Plumbers
• Carpenters and joiners
• Roofers
• Gas fitters
• Painters and decorators
• Plasterers
• Shop fitters
• Architects
• Building surveyors

It is important to note that this is not a comprehensive list of occupations that could be exposed to asbestos. In addition, people living with workers who have operated in asbestos-contaminated environments can also be at risk as they can be exposed through fibres that have settled in clothing.

Can I Claim On Behalf Of A Deceased Loved One?

If a loved one passed away as a result of mesothelioma or another asbestos-related illness, it is possible to make a claim on their behalf providing you can prove you were financially dependent on them. These claims are typically made by the spouse or child of someone who has sadly lost their life due to asbestos exposure. In order to make a claim of this type, you must start legal proceedings within three years of the point at which exposure to asbestos is revealed as your loved one’s official cause of death.