My consultant has told me that I have a condition caused by asbestos. What should I do?

It is important to understand that not everyone who has been exposed to asbestos will develop an illness, in fact, most people who come into contact with asbestos do not become ill as a result.

If you have been told that you are suffering from an asbestos related disease, you should ask your consultant for the name of the condition that has been diagnosed. If you or a member of your family has been diagnosed with a condition caused by asbestos, it is important that you take legal advice as quickly as possible. There are time limits within which claims must be brought.

There are a number of conditions which can be caused by asbestos, and some are more serious than others. Conditions commonly associated with asbestos exposure are:

  • Pleural Plaques
  • Pleural Effusions
  • Pleural Thickening
  • Asbestosis
  • Mesothelioma
  • Lung Cancer

If you have been diagnosed with any of these conditions it is important to get the right legal advice. There are of course many solicitors, but there are in fact very few specialist firms in the North East who know enough about asbestos related claims to ensure that you get the best possible help.

Following a decision by the Court of Appeal which was upheld by the House of Lords, it is no longer possible to claim compensation for pleural plaques.

Will I have to go to court for a personal injury claim?

Generally, most personal injury cases settle without going all the way to trial. If, however, no proposals in settlement are forthcoming or the offers are unreasonable, then your case may have to be heard in front of a judge. The judge will determine whether you are entitled to personal injury compensation and if so what level of compensation is appropriate. You will be accompanied by the solicitor having conduct of your case or a barrister instructed on your behalf.

How long will my personal injury claim take to conclude?

This can depend on a variety of factors such as whether your symptoms from the injury, or condition, are continuing or who the claim is being pursued against. At Browell Smith & Co Solicitors, we endeavour to give you an immediate view in relation to the prospects of success of your claim and the likely length of time it will take to conclude. We always try to bring claims to a conclusion as swiftly as possible but only when we are able to ensure the appropriate level of compensation.

How much compensation will I receive for a personal injury claim?

The level of compensation will depend upon the nature and extent of your injury, or condition, along with any additional losses and expenses incurred (such as loss of earnings). No two claims are ever identical and we believe that it is unhelpful to provide general estimates which may not apply to your personal injury case. We will, however, provide you with such an estimate once we have received all relevant evidence. Our aim is always to maximise the level of compensation you will ultimately receive.

Will I have to see a lot of experts to make a personal injury claim?

To have a successful personal injury claim, we will need you to be medically examined by at least one medical expert, or maybe more depending on the nature and extent of your injuries or condition. All medical experts will be fully aware of the circumstances of your accident or disease and the background to your cases. In most occasions they will need to see your full medical records which we will obtain on your behalf. We select experts near to your home to avoid any inconvenience to you. Most of our experts are flexible enough to accommodate both evening and weekend appointments and are conveniently located nearby in Newcastle, Sunderland and throughout the North East.

Is there a time limit within which I must bring a claim for an industrial disease?

Yes, the law imposes time limits within which court proceedings must be started. Proceedings must be started within three years from the date when you became aware or, should in all the circumstances, have been aware that your condition may have arisen due to the negligence of a third party. In the event proceedings are not started within this period the court is unlikely to consider your case on the grounds that it is out of time. Issues relating to the time limits in relation to Industrial diseases can be very complex. In the event that you believe you may be suffering from an industrial disease you should immediately contact your GP to try to obtain a diagnosis after which you should seek legal advice.

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