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Industrial Disease
Legal specialists in asbestos and mesothelioma claims

The claims process

We understand that the process for making an asbestos claim can be confusing so have created this guide to give you an idea of the steps we will take to ensure that you receive the maximum compensation for your compensation claim.

It is only an indication of the process and it may alter as your case progresses, to take into account changes to your situation or circumstance and information available to us.

Stage 1 – Who is to blame?

Liability has to be considered as the first step. This means that we have to investigate who is to blame for your condition and why.

We will visit you at home to take a detailed statement from you dealing with your work history and describing how and when you were exposed to asbestos. We will also contact your witnesses. In complex cases, engineering evidence may have to be commissioned to support your claim.

One of the most difficult tasks is to identify the relevant employers and insurers at the time of exposure. Detailed investigations are undertaken to locate the relevant companies. In some circumstances we may be able to pursue your claim, even where an employer and/or its insurer are no longer trading or in existence.

Stage 2 – Will I win?

We unfortunately can never give you a guarantee that you will win your claim. What we can guarantee is that we will only pursue a claim on your behalf if we believe you have a reasonable prospect of succeeding.

Stage 3 – How much will I get?

You can claim compensation for the fact that you are suffering from an illness (general damages) and any specific financial losses.

To value your illness, we will get copies of your hospital and GP notes, scans and x-rays. We will then send them to a specialist chest consultant who will review them and prepare a medical report detailing your illness and the effect it has upon your daily activities.

We will ask you to provide details in support of any claim for financial loss. We will take into account loss of income and out of pocket expenses incurred both past and future.

Stage 4 – Will I have to go to court?

Once we have gathered the evidence we will value your claim. At that time, we may discuss the possibility of approaching the parties to try to settle your claim by way of negotiation. The majority of claims are settled by negotiation. Very few ever get to trial.

We will only recommend the issue of proceedings if your claim continues to have reasonable prospects. Claims can be settled before or after court proceedings are started.

Your claim must be issued at court within the three year period which runs from the date your diagnosis was confirmed. We will calculate this date with you.

Once your claim is issued, the papers will be sent to your opponents. They will then prepare their defence and the court will fix a timetable of steps the parties need to take to get the case ready for trial. Nearly all claims are settled without the need for a trial.

In the time between the issue of proceedings and the trial date, the evidence on both sides will be perfected and exchanged.

From time to time we may instruct a barrister to advise on the evidence, liability, value of the claim or procedural matters.

You will be sent copies of all paperwork received from the barrister and our experts. We may also arrange for you to meet with the barrister if required or for a detailed discussion about the best way forward for your case.

We will only recommend that you proceed to trial if we believe that you have reasonable prospects of success. Where we do end up going to court, each step of the process will be fully explained to you beforehand and we will continue to support you throughout. This is not something which you need to be worried or concerned about.

To discuss your individual circumstances, or the process set out above, please call our expert team on 0800 884 0718 or email advice@industrialdiseaselawyers.com.

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