Asbestosis Claims
Medical science has progressively improved its knowledge of asbestos-related illnesses over the past century and, as a result, the necessity for mesothelioma compensation has increased. Now, it is universally known that exposure to asbestos fibers can precipitate several devastating diseases, including asbestosis, lung cancer and mesothelioma of the pleura or peritoneum. Additionally, asbestos is implicated in the development of a spectrum of cancers affecting various organs such as the larynx, gastrointestinal tract and kidneys.
For individuals grappling with a mesothelioma diagnosis, the associated legal complexities – including those regarding mesothelioma compensation – can be daunting and add to existing worry. Our asbestosis solicitors, well-versed in asbestos-related claims, will empathise with the hurdles you and your loved ones face and are committed to offering our expertise.
The legal pathways that ensnare mesothelioma sufferers can be fraught with obstacles, but our team of seasoned industrial asbestosis solicitors is equipped to guide you. Beyond the pursuit of justice, we dedicate ourselves to ensuring your quality of life remains as optimal as possible and that your family’s financial future is safeguarded and, where possible, assisted by your mesothelioma compensation.
How Pinney Talfourd can help with mesothelioma claims
With our extensive experience in industrial disease law, Pinney Talfourd is a sure choice when it comes to mesothelioma compensation claims. We possess the knowledge to evaluate the viability of your claim, offering you clarity on the prospects of a successful compensation pursuit and are ranked in the Legal 500 as a leading firm.
Our team of asbestosis solicitors will meticulously assess your claim, collecting and scrutinising evidence to establish the fundamental elements required for a compensation claim. These essential components can be distilled into the following key criteria:
- Existence of a Duty of Care or Statutory Duty: To initiate a mesothelioma compensation claim, it is crucial to demonstrate that a duty of care or a statutory duty was in place on the part of the employer or responsible entity at the time of asbestos exposure.
- Breach of Duty: It must be proven that there was a breach of this duty of care or statutory duty, meaning that the responsible party failed to prevent or mitigate asbestos exposure.
- Causal Link: The linchpin of any mesothelioma claim lies in establishing a causal connection between the negligent exposure to asbestos and the development of the disease. It is essential to demonstrate that asbestos exposure materially contributed to the onset and progression of the illness.
- Extent of the Disease: In the pursuit of mesothelioma compensation, it is also necessary to determine the extent and severity of the disease or condition, as this factor can influence the compensation amount.
At Pinney Talfourd, our commitment extends beyond mere legal representation. We understand that the consequences of mesothelioma are not confined to the courtroom. A diagnosis will disrupt lives, fracture families and leave a profound emotional impact. Hence, we approach every case with compassion, ensuring that you not only receive the financial redress you deserve, but the support and guidance you need to overcome the many challenges that accompany a mesothelioma diagnosis.
Our industrial disease and asbestosis solicitors are available to listen and help alleviate the burden that mesothelioma places on you and your loved ones. If you feel you are due mesothelioma compensation, engaging with our industry accredited legal guidance and support is the best place to start.
FAQs
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[tela_accordion title=”Sources of asbestos exposure”]The potential sources of asbestos exposure are many and varied, but typically can be found in asbestos insulation board, loose asbestos in ceilings and floor cavities, lagging (often for pipes), sprayed coatings on ceilings, walls and beams/ columns, floor textiles and composites, textured coatings, asbestos cement products, roofing felt, rope seams and gaskets. Exposure locations vary but typically will include industrial and residential environments such as factories and power stations, schools and hospitals. Asbestos was banned in 1999.
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[tela_accordion title=”Who is most likely at risk of mesothelioma?”]Those likely to be at risk will be heating and ventilation engineers, demolition workers, carpenters and joiners, plumbers, roofing contractors, painters and decoration, plasterers, construction workers, fire and burglar alarm installers, shop fitters, gas fitters, computer and data installers, general maintenance staff e.g. caretakers, cable layers, electricians, architects, building surveyors, and other such professionals. This list is not exhaustive and can include those who have never worked with asbestos.
The risk of secondary exposure was not known until 1965. This could be anything from dust being brought into the home on employees’ clothes to dust being released into the atmosphere from factories affecting those living close by.
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[tela_accordion title=”Timescale of mesothelioma symptoms “]It can take anywhere between 15-60 years for many symptoms of asbestos exposure to develop, so these diseases do not affect you immediately but may do so in later life. Repeated occupational exposure can give rise to a substantial cumulative exposure over time. This will increase the risk of developing an asbestos-related disease in the future.
The majority of the current fatal cases from asbestos exposure (approximately 4,000 deaths per year) are associated with very high exposures from past industrial processes and installation of asbestos products.
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[tela_accordion title=”Limit for compensation claims”]Exposure to asbestos is likely to have happened many years ago and so the courts will allow a claim to be made within 3 years of the date when the associated condition became known; the so-called ‘date of knowledge.” This means that we can deal with a claim even though many years have passed. We have dealt with claims where exposure took place over 50 years ago.
We have also made successful claims where the employer, or other responsible parties, have long since gone out of business or disappeared, subject to establishing that insurance cover was in place at the time of exposure.
We will be able to advise you on the likely level of compensation that a court would award for the pain, suffering and loss of amenity caused by the disease and any associated financial losses. In certain circumstances, we can apply to obtain an early payment on account of any compensation to provide you with urgent financial assistance.
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[tela_accordion title=”Who pays?”]Employer’s liability insurers are typically responsible for paying compensation. However, employer’s liability insurance did not become compulsory until 1972. It is, therefore, crucial to locate a liable insurer. Some employers nevertheless did insure before this date.
For mesothelioma sufferers, where no employer or insurer can be found, the government established a Payment Scheme in 2014 which aims to compensate them, or their eligible dependents, where the condition was diagnosed after 25th July 2012. We are often able to trace historic insurers and assist with eligible claims under the Payment Scheme.
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[tela_accordion title=”Legal costs”]Under the terms of the Mesothelioma UK – Personal Injury Solicitors Code of Conduct, we deal with these claims at no cost to the client and ensure that the client receives 100% of the compensation awarded.
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