Damages for diseases caused by asbestos

Compensation and Damages

Damages for asbestos related industrial diseases are awarded by the Courts as compensation for pain, suffering, and the loss of physical amenity caused by the Asbestos exposure.

It needs to be shown that, in all probability, the Asbestosis or other asbestos related disease being claimed for developed as a result of exposure in the workplace during the time that the person claiming was employed by the company being claimed against.

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ClearAnswers' lawyers specialising in Asbestos claims are experienced in researching, preparing and presenting claims in the Courts, and will take great care in discussing your individual case with you.

Damages can be awarded either in 'full and final' settlement, in which case they must deal with all past, present and future losses, or as 'provisional' damages, in which case the person making the claim asks the Court to award compensation for his/her existing medical condition, while leaving open the door to return to Court in the future should a more serious condition develop.

Pleural Plaques, Pleural Thickening, Asbestosis, Lung Cancer and Mesothelioma

People diagnosed with Asbestos-related Pleural Plaques were previously entitled to receive provisional damages, returning to Court later if Asbestosis, mesothelioma or asbestos related lung cancer develops.

In the case of pleural plaques alone, a recent decision by the Court of Appeal indicated that compensation is no longer be payable. This decision was confirmed by the House of Lords in October 2007 when they ruled that pleural plaques do not constitute an injury and therefore people with pleural plaques are not entitled to compensation.

It is important to seek legal advice as soon as possible if you are diagnosed with an asbestos related disease. The House of Lords decision does not affect your right to seek compensation if you are suffering from a disabling asbestos related disease such as pleural thickening, asbestosis, mesothelioma or asbestos related lung cancer.

How Compensation Is Awarded

The Courts can award both 'general' and 'special' damages, the former compensating for pain, suffering and loss of physical amenity caused by the Asbestosis or other asbestos related disease, and the latter dealing with the quantifiable financial losses caused by the disease to date, and likely to be incurred in the future. It is common for an award of 'special' damages to significantly exceed that for 'general' damages.

Clear guidelines are set down for the Courts on appropriate ranges of 'general' damages, and these vary from a few thousand pounds up to several tens of thousands of pounds depending on the severity of the Asbestosis or other asbestos related disease, age of the sufferer and so on.

In the case of 'special' damages, allowance will be made for such far-reaching financial implications of the Asbestosis or other asbestos related disease as the cost of medical consultation, treatment, care and equipment, loss of earnings and of pension, dependency, house maintenance and cleaning, funeral costs and even bereavement damages.

Clear Answers' lawyers specialising in Asbestosis are able to offer further guidance on likely damages to anyone suffering from the disease, to the families of sufferers, or to anyone who suspects that they or a member of their family may be suffering from, or may have suffered from, work-related Asbestos disease.

If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms.