Claim Process

Have you or anyone you know been diagnosed with an asbestos related illness?

If so, you may be entitled to make a claim for asbestos compensation. Our specialist solicitors and lawyers will help you explore the right claim for your specific condition, such as a claims process for mesothelioma, whilst dealing with your case sympathetically and professionally.

Stage 1

Establish who is responsible for your condition, and why

In order to establish who is liable for your condition, we must first investigate your working history. We will take a detailed statement from you to determine exactly how and when you came into contact with asbestos. In addition we will take details of any witnesses who we can contact to support your case. In some more complex cases we may have to commission engineering evidence to help with your claim. The goal is to track down the relevant employers and insurers and prove your asbestos exposure. Even if they are no longer trading there is a chance that we will still be able to pursue your former employers for your asbestos related conditions.

Stage 2

Evaluate the likelihood of winning compensation

With the defendant(s) identified and the evidence gathered, we will be able to advise whether you have a reasonable chance of proving they are to blame for your illness. If we assess your claim is likely to succeed, we will obtain your hospital notes, GP notes, scans and x-rays. We will then contact an acknowledged expert medical consultant in the field of asbestos related diseases who will be able to prepare a full medico-legal report.

Stage 3

Determining the value of your claim

You will then be asked to provide us with information detailing your financial losses due to your illness. After considering this information, as well as past and future expenses and the loss of income that could be reasonably attributed to your condition, we will then advise you about the value of your claim.

Stage 4

Attempt to negotiate an out of court settlement

With your claim valued, we can offer to approach the insurers on behalf of the other side to attempt to settle the claim through negotiation. Please bear in mind that no proposals will be made without your express and informed consent.

Stage 5

No satisfactory offer

If negotiations are unsuccessful or unwanted, then the next step is to determine whether your claim stands a reasonable chance of succeeding in court. We will only issue proceedings if this is first decided to be the case. When you have authorised us to issue proceedings, we will have the appropriate paperwork drafted out by a barrister who is an expert in the field of industrial disease. There is a 3 year time limit imposed when bringing such a case to court, usually measured from the date that you knew about your diagnosis. With this in mind it is very important for us to make the best use of the time that is available to us.The next step is to issue your claim. This is when we will send the formal papers to the other side. We will consider and advise you when their defence is served. The evidence is then prepared and a timetable will be created in order to proceed to the trial. More often than not, however, claims are resolved without ever needing to go to trial.

During the court process, we will exchange evidence and document. During this time we may instruct your barrister to advise on a number of variables, including evidence, liability, the value of the claim or procedural matters.

At all times we will ensure copies of any paperwork is sent to you to keep you informed of developments and proceedings. You may need to attend a meeting with the barrister for advice.

Stage 6

Going to court

After careful consideration of all the evidence, we will only recommend that you proceed to trial if we believe that your claim stands a reasonable chance of success. If the case does indeed go to court, we will then be there every step of the way to explain proceedings and offer support throughout the trial.