Asbestos claim turned down? Read this helpful guide and see if Corries can help you

Corries asbestos claims team have an unrivalled reputation in asbestos claims. We have been fighting for asbestos victims for nearly 30 years.

Read how we may be able to help you if your asbestos claim has been turned down.

What reasons are there to turn down asbestos claims?

There can be several reasons to turn a claim down. Many people call our office with queries about claims. Sadly many are years out of date. Decent claims may have been lost if people had approached us much earlier.

We set out some of the common reasons why claims are turned down. Read and see if there may be a second chance for you.

At Corries we do not turn a case down unless it has been reviewed by two experienced solicitors. Here is a link to several articles about cases we have won that others have turned down https://www.corries.co.uk/?s=second+chance

Set out below are some of the common reasons why your case may have been turned down.

Diagnosis of pleural plaques

About 90% of people who call us think they have asbestos disease. In reality about 90% have a condition called pleural plaques. For this reason we have to turn such cases down ourself and put these victims on our pleural plaques register. Details of this can be seen here https://www.corries.co.uk/asbestos-claims/pleural-plaques-register/

The clear diagnosis of asbestos disease can be a problem. Many NHS software systems default the words pleural plaques (for which compensation is not available in England) to asbestosis. The latter is a completely different disease and may attract compensation. Importantly many clients have letters which say asbestosis. Subsequently the diagnosis does not stand up when the full records are examined.

Far too often we have to let people down when they have been misinformed.

To save this confusion make sure you ask the medical team for a clear diagnosis when you see them. A copy of a CT scan report can be provided. Usually a clinic follow up letter will confirm the position. Wait until you have that before you call us. If this is scanned to us we can give a much quicker and clearer view about a claim.

Diagnosis Pleural Thickening

In many cases the use of pleural plaques and pleural thickening can be put down and not explained.

For a pleural thickening claim we need thickening so wide (or diffuse) it stops the lung from expanding properly. This is known as diffuse pleural thickening or DPT. The threshold we must meet to make a claim is high. The thickening must cover over 25% of the total lung area. In addition there must be a reduction in the lung function tests.

Once again to save disappointment we need a clinic letter and any copy scan results. In hospitals who are not as familiar with asbestos disease we can help bridge the gap. Our team have developed expert contacts who can help.

We can work with you get to the bottom of this.

Asbestosis

To prove a claim for asbestosis you must have had a hefty exposure to asbestos. Washing a husband’s overalls even over many years is unlikely to get you there. Work must have been with or close to asbestos products for many years. Our team are very experienced and can help establish if you have had enough exposure. We will take the time to go through your full working life with you. This is time your medical team simply do not have.

Asbestos claim turned down-No disability

An asbestos disease claim succeeds where we show that the condition is actually causing some change to your health.

Medical experts use the BCRDL scale. This was devised after former British Coal workers sued the government for compensation for dust disease in 1996. The scale is interesting and gives the following disability:-

10%-breathless on prolonged or heavy exertion.

Our view is that it does not take a great deal to prove asbestos disease is having an impact. Minor changes can make a difference. Even if you are able to exert yourself well for your age you may still be disabled. In our view many cases may not be investigated as fully as they should. In particular where a lung function test shows decent or normal results this ends the work being done. At Corries we look further than the simple test result. We look at the whole picture.

No traced defendants

It is common in asbestos claims for people to have worked for companies who have long since disappeared. In addition, many of these companies insurers (against whom we make a case) may not be capable of being traced. With our 30 year history of suing defendants we have sued many companies. It is possible that we may have sued companies that have long dissolved. Possibly, other less experienced solicitors firms may not know them. At Corries we can certainly look into that for you.

Asbestos claim turned down – Exposure before 1965

The issue of when you were exposed to asbestos has been brought under sharp focus in recent times.

Two judgments before the Court of Appeal in February 2024 now make it very hard for asbestos victims. To win cases where they were exposed to asbestos before 1965 is now much harder. This is because it is argued that employers simply did not know of the dangers of asbestos. The courts accept they could not have known to protect workers or visitors.

The current judicial climate for asbestos victims is tough. At Corries we are always looking for the next vanguard of asbestos cases to take to the courts if necessary. Talk to us even if your exposure finished before 1965.

Not enough exposure

People often assume that even if they have had passing asbestos exposure then they can have a claim. The reality is rather different.

The timing and dose of exposure to asbestos has never been more important. For this reason our firm policy is that if you make a claim with us we come and visit you. We find that is the best way to get all the information we need. You can ask questions and we can plot together how we can make a claim. Together we make the claim as strong as possible. Many people may have encountered asbestos and never realised it.

Unclear medical evidence

A large part of our daily practice arises from doctors not clearly explaining or patients misunderstanding what their diagnosis is. We can work with you to get a firmer diagnosis and make a claim or give you peace of mind.

Limitation – why does my claim have to be made within three years?

Adverts for solicitors ask if you have had an accident in the last three years. The rule for this is quite strict. However many solicitors will turn a case down if they find an entry in your medical records older than three years. At Corries we take a broader picture. We know people are not always told or understand what is said in a clinic. Our team will go through this with you. If we can find reason to fight on then we will.

Asbestos claim turned down -can we do anything for you?

At Corries we hate to see any asbestos victim turned down for compensation. A reasonably able solicitor will have digested the case and formed a view that the case cannot proceed. As a result for some people that advice is not right. It does not reflect what some extra effort or thought might bring to a claim.

For this reason Corries offer an entirely free no obligation second opinion service. This involves simply signing a form and providing any letters you may have had from your previous solicitor.

Corries will then get the file and read it. If we agree with your first solicitors we will tell you. You may take comfort from knowing that two experts in the field have tried for you.

If you have had your claim for asbestos compensation turned down then give us a call. Our team are always happy to talk to asbestos victims and if we can help we will. Call us today FREE on 0800 083 7839.