Time is always of the essence when pursuing an asbestosis claim or mesothelioma compensation. Due to the very long latency periods of almost a full working lifetime before asbestosis symptoms come to light, it can be overlooked that the time limit for bringing claims to Court is three years from date of diagnosis (or if deceased, from date of death).
However, it is still imperative to speak to an asbestosis lawyer at the earliest possible time, as the Court may still give permission to bring a claim outside of this strict 3 year limitation period, but only in exceptional circumstances, dependent upon the facts of each case.
More positively again, a High Court, Queen’s Bench Division, “Mesothelioma Fast Track” is being rolled out throughout the UK, to provide a living mesothelioma claimant with a process for QBD court proceedings to be issued and dealt with very quickly indeed.
A successful outcome to recover “damages” when bringing a civil law claim, will be always dependent proving negligence and/or breach of statutory duty, taken on a “case by case” basis.
A Court award may include “general damages” for “pain, suffering and loss of amenities” and is a sum fixed by Court given precedent cases, usually between about £55 – 82,000, depending on the age of the Claimant and duration of illness.
“Special damages” can also be awarded, calculated upon each individual’s financial circumstances and may include loss of present and future income.
Additional consideration could be given to :
– Cost of care, by a relative[s] or a paid professional nurse and any other private health care costs, special equipment and daily living needs such as a stair lift, heating and telephone costs, travel and “out of pocket” expenses”.
-Funeral and Probate costs, limited to obtaining a grant of probate.
-Inquest legal representation costs.
-Loss of personal attention or “love and affection” of the deceased.
-Loss of “services” of the deceased.
A civil law court claim should not have legal costs attached as solicitors costs will be recovered in addition to the compensation award.