Claiming compensation
If you believe that you may have a claim you should immediately contact a solicitors firm specialising in asbestos compensation claims who will guide you through all legal aspects of your claim and the compensation process. The most frequently asked questions are how much will it cost me and how long will it take?
Navy Code of Practice 1970
How much will it cost me to claim?
For a court claim (a civil law claim) the basic answer is claiming should cost you nothing as far as legal costs are concerned as solicitors costs will be recovered in addition to your compensation award. Solicitors (and barristers/counsel) are paid for the hours spent working on your claim.
What can I claim?
The prospects of successfully recovering compensation ("damages") when you bring a civil law claim will be upon a "case by case" basis ie dependent upon individual circumstances. Negligence and/or breach of statutory duty must always be proven.
A Court award may include a sum for "general damages" for "pain, suffering and loss of amenities" [PSLA]. This sum is fixed by the Court given precedent cases usually about £55 - 82,000 depending on the age of the Claimant and duration of illness. "Special damages" are again calculated on a "case by case" basis and are dependent upon each individual's financial circumstances and may include loss of present and future income for example in the "Lost Years".
Other sums to be claimed include the cost of care. This care is often provided by a relative[s] or may be paid professional nursing or other private health care costs (if for example BUPA). Other "out of pocket" expenses include adaptations (or special equipment) for the home which may include a stair lift and bathroom equipment. Extra laundry, bedding, heating and telephone costs. Travel related sums include travel expenses and motoring cost outlay sometimes including a disabled scooter. There may also be the loss of "services" of the claimant for example any labour costs for DIY and gardening. The costs of additional holiday insurance because the premium is higher due to an asbestos condition may be claimed.
In addition for a fatal claim the following may be claimed: funeral costs including wake, flowers, memorial, probate costs [limited to obtaining a grant of probate]. Inquest legal representation costs (see "Inquests"). A bereavement award. A recent award made by the court is for loss of personal attention/"love and affection" of a deceased spouse. Interest is added to the award at Court set rates.
Legal costs are paid in addition to the compensation sum awarded.
See also "Benefits" section of this website
How long will it take?
As to a timeline for mesothelioma claims there is now a High Court, Queen's Bench Division "Mesothelioma Fast Track". So today for a mesothelioma claimant [particularly for a "living claimant"] QBD proceedings may be issued and dealt with very quickly indeed. This High Court, QBD procedure is being rolled out nationwide.
How long do I have to claim? Are there time limits?
The ticking clock
The time limit for bringing claims in the Court is set by the "Limitation Acts" [called "Tolling the limitation bell"].
For a mesothelioma claim you have three years from date of diagnosis [or deceased from date of death] to issue proceedings in the Courts.
The law on limitations is complex and the circumstances may vary with different asbestos related diseases.
It cannot be stressed enough that you should instruct solicitors urgently as soon as you know [or perhaps even suspect] you may have a claim yourself [or for a family member].
Unreasonable failure to take action quickly may well prove disastrous. The best advice here is to contact a lawyer as soon as you are able.Time limits are strictly adhered to by the courts. However even if three years have gone by for some reason do speak to a lawyer immediately as the Court may give you permission to bring a claim outside of this strict 3 year Limitation period but only in exceptional circumstances. This will depend upon the facts of each case.
Call a lawyer now. See "contact a lawyer" pages of this website.