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Asbestos FAQs

Before starting your claim, you may still have a few unanswered questions – whether they’re about how much compensation you may be awarded, how long the process could take or any limitation dates for your asbestos claim. Find all our answers to common asbestos FAQs below.

Can I make a claim for asbestos compensation on a No Win No Fee basis?

Leigh Day acts for clients making claims for many types of asbestos diseases on a No Win No Fee basis. 

If you win your claim, you keep 100% of all compensation awarded.
If you lose the case, we do not charge you for our work. Insurance arranged by us will protect you from any costs.

How long does an asbestos claim take?

It is difficult to give a precise estimate because every claim depends on the individual circumstances. However, in severe cases such as mesothelioma, Leigh Day can “fast track” claims through the High Court, which has a special system for dealing with urgent cases.  

Leigh Day proceeds with all mesothelioma and urgent asbestos cases through the High Court’s fast track system. These cases can take six months or less from start to finish.

How can I claim for asbestos exposure, as it was many years ago?

Solicitors rely heavily on witness statements to prove what happened in the past because there are rarely any documents evidencing events from several decades ago. The courts are usually quite accepting of the evidence given in witness statements. Most of our cases rest on the statements from the victim themselves, their friends, family and former workmates.

Are there time limits for making an asbestos compensation claim?

In an industrial disease case, there is a three-year limitation period to bring a legal claim. The three years typically start to run from the date of diagnosis for an asbestos-related disease. It may be earlier if you have already identified a connection between your symptoms and what caused them.  

Where somebody has died as a result of an industrial disease, the three years typically runs from the date of death. 

In all circumstances, it is advisable to seek legal advice as soon as possible for advice about any limitation dates for your asbestos claim. In certain circumstances, it is possible to ask the court to let your claim proceed even though it is over three years since you were diagnosed. Leigh Day has particular experience of bringing cases “out of time”.

Can I bring an asbestos claim if the victim has died?

Yes, claims are commonly brought by the spouse of the victim or the executors of the victim’s will.

Can I claim if my employer has gone out of business?

Even if an employer that caused your exposure to asbestos has gone out of business, you can still bring a claim against their insurers if they can be identified. Alternatively, the company may continue to trade under a different name or have transferred its liabilities to another company, which you can sue instead.

Leigh Day has extensive experience investigating the corporate history of companies and successfully locating insurers. If you have mesothelioma and cannot trace your insurers, you may be able to claim under the Diffuse Mesothelioma Payment Scheme

Can I claim asbestos compensation if I no longer live in the UK?  

Yes. Leigh Day has acted for many foreign claimants from other countries – amongst other locations – such as:
 
  • Australia
  • New Zealand
  • Malta
  • America
  • Canada
  • Spain
  • South Africa

We work with foreign lawyers to ensure that you have personal contact with a solicitor in your own country. This also helps us ensure that the case proceeds as quickly as it does for UK claimants.  

If you live outside England, read more here.

Will I have to attend a medical appointment?

In most circumstances, it is helpful to be examined by an independent doctor for your legal claim. Where the victim is particularly ill, or it is difficult to travel, we often ask experts to prepare a report based on your medical records.

Can I get state benefits if I have an asbestos disease? 

Some industrial diseases mean that you are entitled to claim state benefits while also bringing a legal claim.  

Commonly, Leigh Day clients successfully apply for Industrial Injuries Disablement Benefit. Asbestos victims can also receive payments under the Pneumoconiosis Workers Compensation Scheme .  

Other clients may be entitled to:
 

We can provide assistance to clients with applying for specific benefits related to asbestos. 
 
Not found the answer you need? 

If you still have a question about making an asbestos claim, visit our asbestos claims and compensation page for more information. You can also contact our expert personal injury team. Speak to someone in person or arrange a call back:
 

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