Yes, if your lung cancer was caused by exposure to asbestos, you could be entitled to make a claim for compensation.
Because the symptoms of asbestos exposure normally take at least 20 years to start showing, linking your lung cancer to a former job can be complex. However, our specialist asbestos solicitors have won many claims through successfully doing this.
We’ll use medical records, witness statements, and your employment history to help link your lung cancer to exposure to asbestos.
Find out more about how to claim for asbestos exposure.
Because the circumstances around each claim are unique, the amount of money awarded varies from case to case.
The best way to get an idea of how much money your settlement could be worth is to speak to us. Once we know more about the details of your case, we’ll be able to put a value on your claim.
How much money you’re awarded will be based on:
- Your pain and suffering
- Any loss of earnings you’ve had through being unable to work
- Travel and medical expenses
- Your care needs, both now and in future
- Any medical equipment or home modifications you need
- Any private medical treatment you need
- The prognosis of your condition in the future.
This isn’t an exhaustive list. You may be able to claim for other things depending on your circumstances.
Proving your lung cancer was caused by asbestos exposure can be difficult, especially if you are/were a smoker.
However, our expert solicitors have decades of experience in successfully linking lung cancer diagnoses to asbestos exposure. We’ll collect relevant evidence that can support your claim that your lung cancer was caused by exposure to asbestos.
Evidence we can use to support your claim includes:
- Medical records to prove your diagnosis
- Your work history records for the company you worked at
- Witness statements from former colleagues who can support your claim
- Financial records to show loss of earnings and/or medical expenses.
How long your claim takes will depend on several factors. It primarily depends on whether the party responsible for your exposure to asbestos accepts blame. If your opponent accepts that they were responsible and agree with the amount of compensation we feel you need, your claim will be settled straightaway.
However, if they won’t accept responsibility, then we’ll have to prove it. If they dispute how much compensation you should be awarded, then the claim may need to be settled in court. The cause of your illness is more likely to be disputed than the amount of compensation you’re claiming for.
If we need to begin court proceedings, we’ll make sure you’re informed every step of the way. We’ll do all we can to make the process as stress-free for you as possible. Claims can still be settled out of court, even when trial dates have been set.
However long your asbestos lung cancer claim takes, we won’t rest until it’s been settled.
After you’ve contacted us about your claim we’ll arrange a meeting as soon as possible to find out more about your situation. We can also set up home visits or meet you at a location that’s more convenient for you.
If we can take on your case, we’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.
We’ll start investigating your case as soon as possible, finding out where you could have been exposed to asbestos, even if you’re unsure. Due to the nature of asbestos related diseases, it’s likely that your exposure happened decades ago: however, our specialist team are experts in determining where you were exposed, no matter how long ago it was. Our investigations will also help us calculate how much compensation we feel you are likely to receive.
Using this evidence, we’ll be able to determine who was at fault for your exposure and will contact the company and/or their insurer.
If they accept that they’re responsible for your exposure and subsequent illness, we could help you obtain early interim payments. These can support you financially and can help to pay for any medical care you might need while your claim is on-going.
In the event that responsibility isn’t accepted, we’ll help you through the court process, explaining everything that’s happening so you feel as comfortable as possible.
Find out more about what the asbestos claims process.
Most of our claims are made on a no win no fee basis. No win no fee means you don’t need to pay anything upfront and aren’t liable for any fees if your claim isn’t successful.
You’ll need a suitable insurance policy to make a no win no fee claim. Your household insurance may cover your claim, or we can take out an After The Event (ATE) insurance policy on your behalf. This protects you from any financial costs.
If your claim is successful, most of our fees will be paid by your opponent. The only thing you’d need to pay is the ATE insurance policy, which only needs to be paid after your claim has been settled successfully.
We’ll discuss all funding options available to you before we start working for you.
Our lawyers will always make sure that you receive a settlement that funds your care requirements. Compensation can help pay for:
- Specialist private medical treatment
- Loss of earnings
- Expenses (e.g. travel costs)
We’ll always act efficiently to secure funds so your care needs can be met as soon as possible. If responsibility for your asbestos exposure is admitted by your employer, we might be able to secure you early compensation payments before your claim has fully settled. These early compensation payments are also known as interim payments and can help you pay for on-going care and expenses.
We can only calculate how much compensation you’re entitled to once we understand the full impact of your illness. The effects of asbestos exposure can develop slowly over time and can also mean that you’re more likely to develop illnesses such as mesothelioma. Your compensation will take this into account and will also consider any impact your illness has had on your quality of life and life expectancy.
If your loved one has died because they contracted an asbestos-related illness, our lawyers could help you with:
- Recovering compensation for their pain and suffering and for financial losses caused by their death
- Representing you at an inquest
- Getting you the answers you deserve from those responsible
You might be able to claim if you’re the spouse or child of the person who has died. We could also help you make a claim if you were financially dependent on the person who died.
There’s normally a three year time limit from the date of the death to make a claim. If a post-mortem found that your loved one died due to asbestos exposure, you’ll have three years to claim from the date where you learnt of the findings. Find out more about time limits
Our lawyers could also help you access a statutory bereavement award: a flat rate currently of £15,120 which is payable when a wrongful death has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.
If your loved one had started legal proceedings before they died, you might be able to continue with their claim. You’ll normally have to do this within three years of the death. Find out more about continuing a claim
You may be able to make a claim even if your former employer is no longer trading. Our lawyers can access several databases so we’ll be able to trace the company and can check whether it’s currently trading under a different name.
If your employer is no longer trading, don’t worry: compensation is normally paid by your former employer’s insurer. Even if you were exposed to asbestos decades ago, we can still help you find out who was responsible so that you can access the compensation you deserve.
Our Asbestos department is the largest and most respected in the country, and regularly praised by independent legal guides. We’re renowned for ground-breaking asbestos claims like June Hancock’s, the first environmental asbestos case (involving outdoor exposure to the dust).
We’re proud to be closely associated with charities like Mesothelioma UK and the June Hancock Mesothelioma Research Fund. Organisations like these play a vital role in raising funds and awareness of the tragic effects of asbestos exposure.
Our asbestos solicitors are also at the forefront of the battle for greater legal rights for mesothelioma sufferers. We’ve taken a number of cases to the Supreme Court, including a landmark judgement in 2012 which meant insurers could be held responsible for asbestos exposure that had happened many years earlier.
View our team of experienced asbestos solicitors
