Asbestosis is a progressive fibrosis of the lungs caused by asbestos dust. The body's defence mechanisms destroy the asbestos fibres. As part of the process though chemicals are released which cause the fibrosis. Signs of asbestosis can include progressive shortness of breath and clubbing of finger tips.
Asbestosis is normally associated with substantial exposure to asbestos dust. Although less than 150 deaths in Great Britain are caused by asbestosis each year, about 40% of people with asbestosis will go on to develop lung cancer and about 10% will develop mesothelioma. When looking at a legal claim therefore it is important to ensure that you are able to bring further claims later on, in case these other conditions develop.
THE LEGAL ISSUES
In bringing a claim to try to obtain compensation for you if you have developed asbestosis, we have to demonstrate that you have been unacceptably exposed to asbestos, most probably through your employment.
Asbestosis is treated as a dose-related disease - that is to say, the more asbestos exposure you have suffered, the worse the level of asbestosis. If you have been exposed to asbestos by more than one employer we will need to calculate the relative amounts of exposure at each place of work and so assess the extent of the contribution by each employer to your condition.
In many cases, the companies concerned have long-since stopped trading and cannot be found. Just because a company has ceased trading though it does not mean you cannot bring a claim. Instead, when companies have ceased trading we need to identify the appropriate insurance companies or individuals against whom to bring your claim.
A long time can pass between your exposure to asbestos and the development of asbestosis, so in putting your case together we have to look very carefully at your working life so we can see at which times - and there may have been a number of them - you were exposed to asbestos. We need to take a very careful and as detailed as possible a witness statement from you to hopefully show which company or companies were responsible for your exposure to asbestos.
The approximate year or years of your exposure to asbestos is very important as different industries and different employers came to understand the dangers of asbestos at different times.
HOW MUCH IS YOUR CLAIM WORTH?
Compensation for asbestosis ranges between £30,000 and £70,000. In addition, compensation is paid to meet any financial expenses - past or future - to compensate your loved ones for the care provided to you and to replace lost income or pension provision that you have suffered as a result of this condition.
Separate compensation can also be claimed for the surviving spouse in any case where a husband or wife has passed away. Most compensation awards in asbestosis cases exceed £75,000.
Completely free of charge, our Industrial Disease team will willingly talk to you about your case and about your circumstances. They will answer any questions that you have. They will advise you on whether you have a claim, on what you would need to prove to progress a claim, and on what compensation you might be entitled to receive.
We can ensure you receive proper compensation for your injury as soon as possible at no cost to you. We can also ensure that should you go on to develop lung cancer you can return to Court for further compensation without the need to prove your case all over again.
If you do have a claim, our Industrial Disease team would be delighted to help you to bring that claim. If we do, we will do that free of any cost to you.
Please do not hesitate to contact us now so that we can help you obtain, at no cost to you, compensation to help in as far as money can, to provide for you and your family as soon as possible.
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