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Asbestos FAQs

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

Leigh Day acts for clients with asbestos disease on a No Win No Fee basis.
  
We do not make any charges to clients with asbestos diseases.  If you win your claim you keep 100% of all compensation.
If you lose the case we do not make any charge for our work and insurance arranged by us will protect you from any costs.

How long will my asbestos claim take?

It is very difficult to give a clear estimate, because every case depends on the circumstances.  However, in serious cases such as mesothelioma, Leigh Day is able to “fast track” cases through the High Court which has a special system for dealing with urgent cases.  

Leigh Day proceeds with all mesothelioma cases through the High Court’s fast track system and these cases typically take 6 months or less from start to finish.

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, but it may be earlier than this 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.  In certain circumstances, it is possible to ask the court to let your claim proceed despite the fact that it is over 3 years since you were diagnosed.  Leigh Day has particular experience of bringing cases “out of time”.

Can I still bring a case if the victim has died?

Yes, cases are commonly brought by the spouse of the victim, or by the executors who are named in the victim’s will.

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

Even if an employer which caused your disease has gone out of business, a claim can still be brought against their insurers if they can be identified.  Alternatively, the company may be continuing to trade under a different name or have transferred its liabilities to another company which can be sued instead.  

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

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

Yes. Leigh Day has acted for a number of foreign claimants from countries such as Australia, New Zealand, Malta, America, Canada, Spain and South Africa, amongst other locations.  We work in conjunction with foreign lawyers to ensure that you have personal contact with a solicitor in your own country and to ensure that the case proceeds as quickly as it does for UK claimants.  

How will you prove my claim as I was exposed to asbestos many years ago?

Solicitors rely heavily on witness statements to prove what happened in the past, because there are rarely any documents evidencing events several decades ago.  The courts are usually quite accepting of the evidence given in witness statements and most of the cases that we bring rest on the statements given by the victim themselves, their friends, family and former work mates.

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, but 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 as well as bringing a legal claim.  

Commonly Leigh Day clients successfully apply for Industrial Injuries Disablement Benefit and asbestos victims receive payments under the Pneumoconiosis Workers Compensation Scheme.  

Other clients may be entitled to Disability Living Allowance, Constant Attendance Allowance, Employment and Support Allowance and Income Support/Universal Credit.  We often assist clients with applying for specific benefits.

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