Mesothelioma Claims

Solicitors in Essex & London


Knowledge of the medical effects of asbestos has been accumulated slowly since the turn of the century and it is now universally agreed that exposure to asbestos fibres can, in certain circumstances, lead to three diseases such as asbestosis, lung cancer and mesothelioma of the pleura or peritoneum. It is also known to cause another group of cancers including cancer of the larynx, gastrointestinal tract and kidney.

Pinney Talfourd Solicitors, in association with Mesothelioma UK, a charitable trust supporting people with this asbestos cancer, holds a monthly patient support group in collaboration with Anglia Asbestos Disease Support Group.

Our legal experts have helped many people with mesothelioma claims after a positive diagnosis. We understand the issues you will be facing with your loved ones and are here to assist you.

The legal ramifications for someone with this debilitating disease are huge and our industrial disease solicitors will help you access much-needed compensation. Our team will work tirelessly to make that sure your quality of life is the best it can be and that your family’s financial future is secure.

Sources of asbestos exposure

The potential sources of asbestos exposure are many and varied, but typically can be found in asbestos insulation board, loose asbestos in ceilings and floor cavities, lagging (often for pipes), sprayed coatings on ceilings, walls and beams/ columns, floor textiles and composites, textured coatings, asbestos cement products, roofing felt, rope seams and gaskets. Exposure locations vary but typically will include industrial and residential environments such as factories and power stations, schools and hospitals. Asbestos was banned in 1999.

Who is most likely at risk of mesothelioma?

Those likely to be at risk will be heating and ventilation engineers, demolition workers, carpenters and joiners, plumbers, roofing contractors, painters and decoration, plasterers, construction workers, fire and burglar alarm installers, shop fitters, gas fitters, computer and data installers, general maintenance staff e.g. caretakers, cable layers, electricians, architects, building surveyors, and other such professionals. This list is not exhaustive and can include those who have never worked with asbestos.

The risk of secondary exposure was not known until 1965. This could be anything from dust being brought into the home on employees’ clothes to dust being released into the atmosphere from factories affecting those living close by.

Timescale of mesothelioma symptoms

It can take anywhere between 15-60 years for many symptoms of asbestos exposure to develop, so these diseases do not affect you immediately but may do so in later life. Repeated occupational exposure can give rise to a substantial cumulative exposure over time. This will increase the risk of developing an asbestos-related disease in the future.

The majority of the current fatal cases from asbestos exposure (approximately 4,000 deaths per year) are associated with very high exposures from past industrial processes and installation of asbestos products.

Limit for compensation claims

Exposure to asbestos is likely to have happened many years ago and so the courts will allow a claim to be made within 3 years of the date when the associated condition became known; the so-called ‘date of knowledge.’ This means that we can deal with a claim even though many years have passed. We have dealt with claims where exposure took place over 50 years ago.

We have also made successful claims where the employer, or other responsible parties, have long since gone out of business or disappeared, subject to establishing that insurance cover was in place at the time of exposure.

We will be able to advise you on the likely level of compensation that a court would award for the pain, suffering and loss of amenity caused by the disease and any associated financial losses. In certain circumstances, we can apply to obtain an early payment on account of any compensation to provide you with urgent financial assistance.

Who pays?

Employer’s liability insurers are typically responsible for paying compensation. However, employer’s liability insurance did not become compulsory until 1972. It is, therefore, crucial to locate a liable insurer. Some employers nevertheless did insure before this date.

For mesothelioma sufferers, where no employer or insurer can be found, the government established a Payment Scheme in 2014 which aims to compensate them, or their eligible dependents, where the condition was diagnosed after 25th July 2012. We are often able to trace historic insurers and assist with eligible claims under the Payment Scheme.

Legal costs

Under the terms of the Mesothelioma UK – Personal Injury Solicitors Code of Conduct, we deal with these claims at no cost to the client and ensure that the client receives 100% of the compensation awarded.

How Pinney Talfourd can help with mesothelioma claims

With the benefit of our experience in the area of industrial disease law, we can advise you whether you have a reasonable prospect of making a successful claim for compensation for mesothelioma. Our solicitors will assess your claim by gathering together evidence in order to establish the essential elements of a claim.

These can be summarised as follows:

  • That a duty of care and/or statutory duty existed on the part of the employer/responsible party at the time of exposure, and
  • There was a breach of that duty of care and/or the statutory duty (i.e. failing to avoid the exposure), and
  • That the negligent exposure caused or materially contributed to the development of the disease and the extent of the disease/condition.

Book A Free Initial Personal Injury Consultation

  

Anglia Asbestos Disease Patient Support Group

Anglia Asbestos Disease Patient Support Group in Essex

Join monthly support meetings and gain support from other members dealing with mesothelioma.

Click here to book your place at the next meeting

Find out more with a free Personal Injury consultation

We offer a free, no-obligation initial consultation to discuss your mesothelioma compensation claim, assess the merits of any action and to try and give you an indication as to what you may be entitled to. We act for most of our clients on a no win, no fee basis. We can offer face-to-face meetings in any of our five offices across Essex and London and, if more convenient, we are also more than happy to visit our clients at home or in hospital.

Our Personal Injury accreditations include:

APIL
The Law Society Member of Personal Injury
Legal 500 2017 - Leading Firm

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