Corries Solicitors - Personal Injury Specialists - FREEPHONE 0800 655 6550
Asbestos claims are our business. Asbestos disease victims often talk to us about whether or not they should make a claim.
For families helping older relatives talking about a claim can be difficult.
Very often victims are not keen to make a claim. Most are from a generation of workers who don’t like to make a fuss. Whilst they can get excellent advice and support from respiratory doctors, nurses and Macmillan they do not always want to make a claim. Many find understanding what they can get a little tricky.
Does this sound familiar?
Many do not understand the difference between securing benefits and making a claim for compensation.
Let us help answer some of the common myths to help you and your relatives decide what to do.
Claims – Benefits and Common law
If you have certain asbestos diseases then you may be able to
- Make a claim for benefits which will pay weekly amounts for the rest of your life and;
- Make a claim for compensation IN ADDITION TO the benefits as a lump sum for you to enjoy as you see fit.
Making a claim for benefits does not stop you making a claim for compensation and vice versa.
Therefore you should consider all options.
If a person is diagnosed with asbestos disease they might be able to claim one of these benefits.
- Industrial Injuries Disablement Benefit – this can be claimed for mesothelioma, lung cancer, asbestosis and the diffuse pleural thickening. The forms are easy to fill in. As long as you meet the exposure criteria and have the actual conditions benefits can be paid once disability is assessed at 14% or more. Whilst we are not formal benefits advise us and we can steer you in the right direction and here is a link to the website which gives you more information here
- Pneumoconiosis Lump Sum – if you get the above benefit you might be able to get a lump sum as well here
- Attendance Allowance – if your asbestos disease means you need help day to day then this benefit can be applied for – follow this link for more information here
The difference between common-law claims and benefits is that for a common-law claim you are suing an actual employer or insurer. Many old employers have gone bust it is the Employers Liability insurer which insured the company many years ago that pay the claim if it succeeds. A claim for benefits is generally easier and quicker.
Typically a common law claim can include damages for:-
General Damages – this is for the pain and suffering and loss of enjoyment of life.
Special Damages – money claims that can be made for things such as paying for care, aids and appliances or for shortening of life or other monies spent as a result of having asbestos disease.
We can explain all this to you.
Common questions and answers
All too often we speak to people who have let their claim go out of time because they were either scared or didn’t want to take action.
Is important that people know that they have three years from when diagnosed with asbestos claim to issue court proceedings. If they leave it longer than that time the case will be barred.
With this in mind we explain and answer some common misunderstandings.
“They don’t pay out much for old people like me”
This is not the case. Compensation for asbestos disease cases can be significant. It can amount to tens of thousands of pounds. Much will depend on the actual condition suffered, the level of disability and how much of the insurance history can be traced.
On some occasions someone can have serious asbestos disease and may not recover anything at all. However this is the exception.
“If a make a claim it’ll cost me a fortune”
In simple terms it won’t.
At Corries we deal with all of our cases on a no win no fee basis. This means if we do not get you any compensation then we don’t charge you a penny.
It is right to say that we take a percentage off the top of any claim if we are successful but even this too is confined to certain heads of loss.
We will not take any deductions from your compensation without discussing it with you first. You will understand how and why we have taken anything.
“I might lose out on benefits if I make a claim”
We will make sure no claim for benefits to make you worse off.
Even if you get some compensation those monies can be protected against losing out on benefit claims.
We can advise you about trusts to protect your money so that you can enjoy the monies.
“I’ve got to be dying to get anything”
This is a common thought. But it is wrong.
Sadly pleural plaques, the most common asbestos the disease, does not attract compensation. Almost all other asbestos diseases can form a claim.
People with asbestos cancers likely to cause death will get more compensation those who do not have cancer. Even so, asbestos victims with slight or moderate asbestos disease can still make large asbestos claims.
Claims typically made for asbestosis or pleural thickening or even treated lung cancer can achieve large claims. In addition if you add Industrial Injuries disablement benefit claims then this can help to make your immediate and longer term life more comfortable.
“I haven’t got the energy to make a claim”
At Corries we appreciate that making a claim can seem scary. Thinking about using a solicitor and possible court proceedings can be off putting.
We strive to keep your involvement down to a minimum. If you want help we are happy to speak to your family if you give us permission. If they are happy to help this can lighten the load.
We are happy to help you and to take as much of the burden of the claim off you as we can.
“It will take too long –I’ll be dead by the time they get any money”
At Corries we try and deal with cases as quickly as we can.
Our team of asbestos specialist solicitors do little else other than asbestos disease. We have built up a strong and trusted panel of medical experts, engineers and barristers.
Our promise to you is that if we can make a claim we will press the on as quickly as we can. If we cannot make a claim we will tell you as quickly as we can.
“It’s all too daunting”
We understand that the prospect of a claim and all the documents that go with it can be daunting.
We pride ourselves on speaking to people in straightforward language. If you don’t understand something then tell us. Our firm has over 20 years of experience of handling asbestos cases. The firm is managed by a solicitor with 27 years’ experience in this work.
“The companies that I have worked for have long gone – there’s no one to go after”
We know that many of the companies you work for will have gone many years ago.
However we can try and are often able to find insurers and we have various means of doing this.
In some cases we will recover full monies due. In some cases we get nothing and in some cases we get a percentage.
From our perspective though “Surely half a loaf is better than no loaf at all”
“If I make a claim now what happens if I get worse in the future?”
Some people think that you can only have one “ bite of the cherry”. This is not always right.
If you win a claim for asbestosis, pleural thickening or lung cancer we can help you. Our team can protect your future.
We can do this in by securing a provisional damages order. This means that should you get worse or get cancer then you can come back for more compensation later. This can be enormously helpful. For many this gives great comfort.
We know that dealing with solicitors is not an appealing thought. We work with them all day and often feel the same way.
If you know someone who is quite elderly and has asbestos disease then print this article for them.
At corries we do not need to give a hard sell to make people claims. Doing a good job is the best marketing anyone can do. If you friend or relative worked hard and is ill then they want someone who will work hard to make their life better. That’s what we do.
Call our team today on 0800 083 7839. There is no obligation and we are here to help.
Here is the link to our home page for more information https://www.corries.co.uk/asbestos-claims/