An Introduction to Asbestos Compensation Claims
15/02/2005
Thank you very much for all you did for us. Our lives are so much better through your help.
Barry, DoncasterOur Expertise
Alexander Harris are a national firm specialising in personal injury and in particular industrial disease claims. We are recognised as one of the UK's leading law firms in this specialised area by other Lawyers, the medical profession, the insurance industry and many industrial disease related organisations and various asbestos support groups.
It is quite possible that you have never had to consult a solicitor before. You might have instructed a solicitor when you moved house or to prepare a will; or even for a minor injury claim. However asbestos related claims are quite different and necessitate a lawyer with expertise and experience. After all, the Defendant is likely to instruct a specialist solicitor to deal with the claim and you need to be on an equal footing from the start.
It is equally important that you feel comfortable with your solicitor. The effects of asbestos related illness particularly malignant mesothelioma which is a terminal illness is obviously devastating upon the individual and their family. Your solicitor will be able to identify what the best course of action to take will be, will be able to instruct the right Medical Expert and will treat your case with sensitivity.
Our team of expert lawyers have handled many asbestos related claims through to successful conclusion. Our experience enables us to understand and plan for some of the challenges and difficulties which may lie ahead. We understand that many aspects of your life, work, family, relationships and recreation will have changed. Our understanding enables us to present any compensation claim in the fairest and most appropriate way. Choosing the right solicitor can not only help you through this difficult period but in some cases it can mean the difference between winning and losing your case or of many thousands of pounds in compensation.
What is asbestos?
Asbestos is a naturally occurring fibrous mineral found in three general forms namely; crocidolite (blue), amosite (brown) and chrysotile (white). It is generally said that blue asbestos is the most potent or dangerous and white asbestos is the least potent. Asbestos is made up of tiny fibres that are as strong as steel but can be woven like cotton and are highly resistant to heat and chemicals.
Because of its fire resistant properties, asbestos was widely used as building, insulation and heat protection material from the 1950's to mid 1980's in Great Britain. It was used in a range of industries for piping, boilers, flooring, mattresses, cement and drainage. Cutting, drilling, filing, sawing, sanding, grinding and the general handling of asbestos materials gave rise to asbestos dust. There are still many thousands of tonnes of asbestos present in buildings in Great Britain today.
When asbestos is disturbed or damaged, it releases tiny fibres that can be inhaled into the lungs. This can cause inflammation, a build up of scar tissue, (fibrosis) and sometimes cancer.
It can take anything from 10 to 60 years after being first exposed, for asbestos related disease to develop.
Tom's story - a specialist can make an amazing difference! Tom worked at a large engineering and manufacturing plant for over 22 years. Tom was a very hard working man and rarely spoke to his family about his day at work. Occasionally, he would come home very dirty, covered from head to toe in soot and dust. He never mentioned that he thought he might have been exposed to asbestos. The first symptom of his illness was a shortness of breath. One year later he was fighting to breathe and found it impossible to speak. He lost 6 stone in weight and could no longer be capable of doing day-to-day duties. 18 months later, Tom died in hospital aged 65 of mesothelioma, a type of cancer that is almost solely associated with exposure to asbestos.
Everything changed in that moment for Tom's family. They had been left with so many questions; they didn't know who to turn to and what to do next. A specialist lawyer at Alexander Harris, who had experience in investigating cases involving asbestos exposure found the answer to their questions and settled the claim for an excess of £100,000.
Tom's family came to Alexander Harris because we were specialists. His daughter said: "It was never about the money; it will never bring my dad back. It was important to us that we found out why my dad had died."
Types of Claims
We handle all types of asbestos related injury claims including:-
Asbestosis - a form of diffuse fibrosis of the lungs. This can cause impairment of lung function and breathlessness.
Diffuse pleural thickening - usually only a few millilitres of pleural fluid is present in the lungs, just enough to lubricate the pleura. When the pleura is irritated in any way, including by asbestos, extra fluid collects. This is called a pleural infusion. When the fluid is gradually reabsorbed into the system it can leave the pleura greatly thickened. Instead of being as thin as tissue paper or the skin of a balloon, the pleura are often several centimetres thick. This can cause breathlessness and pain.
Pleural plaques - Pleural plaques are localised areas of pleural thickening. Generally speaking the condition is asymptomatic.
Malignant mesothelioma - this also affects the pleura and is the most feared complication of all. Its full title is malignant mesothelioma of the pleura which is malignant tumour, a sort of cancer. Mesothelioma can also affect the membrane lining of the abdominal cavity. Unfortunately it is an untreatable terminal condition leading to a painful death with a relatively short prognosis of 1 to 2 years.
Lung cancer - this is the sort of cancer which is often caused by cigarette smoking. The correct technical name is carcinoma of the bronchus and is the cancer arising in the bronchial tubes not arising in the pleura. Asbestos itself causes lung cancer. There are often complex arguments in relation to the cause and interaction between smoking and asbestos exposure.
Fatal Accident Claims - often if a family member has died from an asbestos illness then certain members of the family may be able to bring a claim under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934. The claim will be for the pain and suffering which the deceased had to endure, together with a claim for loss of financial dependency and services and statutory bereavement damages.
Inquests - we also represent the families of those who have died as a result of an illness required as a result of their working life at Coroner's Inquests.
A Word Of Caution - Time Limits
Generally, claims for personal injury must be made within 3 years from the date of an accident. However, in industrial disease cases where the exposure occurred many years ago it may only be that the symptoms often come to light many years later when the injured person visits his doctor as a result of symptoms or has for an unrelated condition.
The injured person will argue that their date of knowledge did not occur until he was medically diagnosed as suffering from an asbestos related illness caused by an earlier exposure. The Court has discretion to allow an action to proceed and to disapply the limitation period if it is satisfied that the injured person was not aware that they were suffering from a significant injury until they were diagnosed as suffering from an asbestos related illness. The injured person will need to show that they have acted promptly upon realising they had a potential claim and it is therefore vital that you contact a specialist solicitor as soon as possible.
Where a claim is being brought under the Fatal Accidents Act 1976, the three year limitation rule will run from the date of death or the date of knowledge of the person for whose benefit the action is brought.
Legal Advice
We will advise you on all aspects surrounding your claim so that you do not need to worry and can rest assured that the claim is in safe hands.
Advice includes:
1. Advising on the issues of negligence and breach of statutory duty against your former employers.
2. Tracing the identity of previous employers and their relevant insurers.
3. Advice in relation to limitation issues.
4. Refer you to an appropriate chest physician who deals with medico-legal matters.
5. Advise you in relation to dependency claims and fatal accident claims.
6. Claim for interim payments.
7. Provide you with the technical expertise and care to deal with claims of this nature.
Our People
We would be happy to meet with you in hospital, at home, or talk on the telephone without charge or obligation to discuss a potential claim.
Gina Heather, Partner and Head of Industrial Disease
Gina Heather is a renowned specialist in employers liability and industrial disease claims. Gina is a member of the Association of Personal Injury Lawyers (APIL). She is also on the Law Society's Panel of Personal Injury Solicitors and is a member of the Medico-Legal Society.
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