Asbestos claims

Our specialist team has a wealth of knowledge and experience in dealing with complex claims arising from asbestos. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a “no win no fee” agreement.

When can you make a compensation claim following asbestos exposure or poisoning?

Employers are responsible for ensuring the health, safety and wellbeing of their employees and are legally bound to take action to minimise the risk of injury. If you have been exposed to asbestos or chemicals during the course of your employment which has resulted in injury, you may be entitled to claim compensation.

However, claims can arise in other ways, such as exposure to asbestos when laundering a loved one’s work clothes, or when manufacturers or other organisation expose the public at large to a hazardous substance by failing to take proper care and precautions.

We are frequently instructed in cases where a worker has been diagnosed with an asbestos-related condition as a result of historic asbestos fibre inhalation, in cases involving severe reactions to cosmetic products such as hair dyes, or exposure to toxic mould in, for example, local authority housing.

How do I make an asbestos or poisoning claim?

To help us build a case, if you have been diagnosed with an asbestos-related condition such as mesothelioma, lung cancer, asbestosis or pleural thickening, think about the ways that you may have been exposed to asbestos. Very often, but not always, that exposure occurred during the course of your employment many years ago. Tell those treating you about your asbestos exposure. If you are well enough, write a clear account describing your exposure and try to obtain the names and contact details of witnesses who might be able to support your account. It is important that you seek legal advice quickly, particularly if you have been diagnosed with mesothelioma or lung cancer, in order that our Personal Injury lawyers can take further details from you and obtain a signed witness statement.

If you have been exposed to poisoning, think about how you have been exposed to it. Again, this may have occurred during the course of your employment. To help us build a case, notify your employer and Health and Safety representative about the incident as soon as possible. Write a clear description of the incident and try to obtain the names and addresses of witnesses. Ask your Health and Safety representative to preserve the scene and take photos or sketches of the area. Complete your employer’s accident form or accident book if there is one.

If you have been exposed to poisoning outside of work, such as to carbon monoxide poisoning due to a faulty boiler in a rented property, notify your landlord immediately.

If you have not been able to follow these steps, do not worry, you may still be able to make a claim.

Our Personal Injury team will provide a free initial consultation, advising you on whether you have a claim and the best way to proceed. If you are too ill to attend our offices, we will visit you at home to consider how you may have been exposed to asbestos and to take your witness evidence. We will advise you on any state benefits that you may be entitled to. In asbestos cases, it is often important that we gather evidence at the very outset, including taking statements from witnesses, that we obtain your employment history and, in historic cases of asbestos exposure, investigate the insurance position of the third party responsible for your exposure. We will contact the proposed defendant to seek an admission of liability and to secure interim compensation payments to help with your immediate financial needs and to fund medical treatment and rehabilitation. Where liability is denied, we will advise you on the defendant’s case.

Our lawyers will gather evidence to help us to prove liability, the injuries you have suffered and the past and future financial losses you have incurred. We will liaise with the defendant’s representatives throughout and, when we are able to value your claim, negotiate with the other party to avoid court if possible. If court proceedings are necessary, we will deal with all court deadlines and guide you through the process to ensure that you feel comfortable and are able to get on with your life whilst the litigation continues.

Provisional damages settlements may also be possible, allowing you to claim further compensation if your condition was to deteriorate.

How long do I have to make an asbestos or poisoning claim?

There is a limitation period for pursuing compensation for injuries arising from personal injury. Court proceedings must be issued within three years of the date of the incident or (if later) three years from the time you first knew, or should have known, that you may have been injured as a result of the incident.

In the case of a person under the age of 18 court proceedings must be issued within three years of their eighteenth birthday unless, at that time, the person lacks mental capacity to instruct a solicitor themselves.

Where a person dies within those three years their personal representatives or dependants must issue court proceedings within three years of either the date of death or the date they knew, or (if later) ought to have known, that the person may have been injured as a result of the incident.

In certain circumstances a claim may be allowed to proceed even if time has run out. However, the important point to stress is that there is a time limit and that a claim, irrespective of its apparent merit, can become time barred. We advise that you therefore contact us about your potential case as soon as possible.

In cases involving asbestos exposure, the exposure usually occurred very many years – often decades – previously. If you have been diagnosed with an asbestos-related disease, you have three years from the date of diagnosis to make a claim. If a loved one has died from such a disease, you have three years from the time you discovered asbestos was the cause.

Regardless of when the exposure occurred, we can help you make a claim, even if your former employer is no longer in business, or you are unsure of when or where you were exposed.

What compensation can you claim through an asbestos or poisoning claim?

You may be entitled to recover compensation for:

• “General damages” for the pain, suffering and loss of amenity you have suffered as a result of the accident
• All past and future financial losses you have incurred as a result of the accident.

Financial losses may include:

• Loss of earnings
• Cost of paying carers
• Cost of paying either professionals or other family members for assistance with domestic chores such as shopping, cleaning, cooking, etc.
• Loss of DIY and gardening ability
• Adaptations to the home
• Medical or rehabilitation expenses
• Travel expenses
• Pension losses.

If you have a condition such as asbestosis or pleural thickening, it may be appropriate to settle your claim on a provisional damages basis, allowing you to claim further compensation if your condition was to deteriorate or if you developed a more serious condition such as mesothelioma in the future.

How our personal injury lawyers can help with a claim for asbestos exposure or poisoning

We have decades of experience in helping people with asbestos diseases and injuries caused by poisoning from other toxic substances. Our Kent-based personal injury solicitors have the knowledge and expertise to understand and support you through the difficulties you are now facing. It is likely that we have already recovered compensation in a case with similar circumstances to yours. If you, or someone you know has been diagnosed with mesothelioma, we have a dedicated section with information to support you through this time.

• Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term
• We will make sure your case is fully investigated
• We will focus on your individual requirements. Giving a personal service and acting with sensitivity are important to us
• We will create a team of specialist independent medical experts and a barrister with expertise in dealing with cases similar to your case
• We will make things as easy as possible and guide you through each stage of the process
• We can help you find out why your exposure to a harmful substance occurred and ensure that the same thing does not happen to somebody else.

We have a history of assisting clients with complex claims including:

• Asbestos-related illnesses such as mesothelioma, lung cancer, asbestosis and pleural thickening
• Other chemical poisoning cases such as platinum allergies.

Over the last 20 years we have settled hundreds of asbestos-related claims. These cases are usually against private companies and government departments. We have succeeded in asbestos-related cases involving:

• The Ministry of Defence (many dockyard claims, primarily involving the nearby Chatham Dockyard)
• Department of Transport (formerly BRB Residuary) for British Rail employees
• HM Prison Service
• Asbestos factory employees including British Uralite and British Belting and Asbestos
• Power station employees and contractors, including the nearby Dungeness Power Station
• Gas fitters and other employees
• Oil refinery employees
• Marine engineering employees
• Asbestos lagging operatives for example Kitsons (now Prescott No 1 Limited) and Dicks Asbestos
• Paper mill employees, including those who worked at the nearby Maidstone and Medway Valley paper mills
• BT/Post Office employees
• A major high-street shopping chain
• Numerous national and local employers
• ‘Shake down’ claims for family members who washed contaminated work clothing
• ‘Environmental claims’ – Cape.

Free initial consultation

Contact our team of specialist personal injury lawyers for a free, no obligation, consultation and we will listen to the circumstances of your accident before giving you clear advice on the chance of you recovering compensation. If we think you have a personal injury claim, we can offer you a “no win no fee” agreement to fund your case, giving you the financial security that you will not be “out of pocket” if the case is ultimately unsuccessful.

Call us or fill in our short enquiry form and we will assess your potential claim.

Have you been injured and think someone else was to blame? Our team of expert personal injury solicitors in Kent can help you claim the compensation you deserve. Contact us today for a free initial consultation to see if we can investigate your case with the financial security of a “no win no fee” agreement.

Our personal injury lawyers are here to help you every step of the way. We work in a supportive, considered and clear manner to ensure you get the compensation you need to rebuild your life. If possible, we will help you to access rehabilitation, medical care and support to maximise your recovery.

Our personal injury lawyers have dealt with thousands of personal injury cases, covering all areas of personal injury law, with many cases worth millions of pounds. With a wealth of experience, our team of personal injury lawyers has most likely already dealt with a case similar to yours. We have outstanding knowledge in this field and can offer clear, pragmatic advice.

We are frequently instructed in cases involving:

• Traumatic brain injuries of varying severity
• Serious orthopaedic and spinal injuries
• Functional neurological disorders (“FND”)
• Audio-vestibular injury
• Injuries affecting the senses, most commonly eye injuries
• Injuries to internal organs
• Burns and scarring
• Psychiatric injuries including post-traumatic stress disorder
• Chronic pain
• Mesothelioma, asbestosis and/or pleural thickening resulting from asbestos exposure.

One of our specialist personal injury solicitors will handle your compensation claim and that lawyer will be involved in your case from start to finish. You will have your personal injury lawyer’s direct dial telephone number and email address so you will be able to contact your lawyer without difficulty.

Our personal injury compensation solicitors are available for face-to-face meetings at our accessible office in Tunbridge Wells, and by phone. For more information and to see if you have a personal injury claim worth pursuing, call us or fill in our short enquiry form and we will assess your claim.

For more information and to see if you have a personal injury claim worth pursuing, call us or fill in our short enquiry form and we will assess your claim.