Asbestosis claims through Stewarts Solicitors

A claim can be made if you have been injured and another party is in some way responsible. Even if this third party is not completely to blame, there may still be a case to answer.
These types of injuries can happen for many reasons, and in many locations. They include:

• Accidents at work
• Road traffic accidents
• Accidents caused by faulty products
• Accidents involving slips and trips

Personal injury can also include medical negligence, and illnesses or conditions caused by your working environment e.g. Asbestosis.

Remember that the personal injuries do not have to be physical. Psychological conditions can also result in compensation. For example:

• Distress or trauma in the aftermath of a serious accident
• Stress or depression caused by unduly high pressure at work

Key to any successful claim is getting the right advice and help at the very beginning.

In almost all cases you will need to start court proceedings within three years of the injury, or of discovering you were injured, unless you settle your claim before the three years have expired. After three years the chances of making a successful claim are almost zero.

The three-year rule can only usually be waived if the claimant is:

• Suffering from mental disability
• Under 18 years of age
• Suffering from a disease which takes a long time to develop

You can contact our experts straight away if you are concerned about how much time has passed.

Your claim will be split into two categories and if successful, you will receive an award for the pain, suffering and loss of amenity you have suffered from. You may also be entitled to a separate award for your out of pocket expenses incurred as a result of the accident.

In respect of your claim for pain, suffering and loss of amenity, your claim will be valued on the injuries suffered. Injuries are not limited but can include:

• Fractures
• Soft tissue injuries
• Whiplash
• Head injuries
• Loss of senses
• Medical or dentistry injuries
• Mental/psychological trauma
• Catastrophic, multiple injuries and death

The extent of your injuries is assessed by specialist medical experts who will provide an independent medical report. The medical evidence is used to quantify the value of your injury claim.

Throughout your case you may also incur out of pocket expenses. If eligible we can recover the following items:

• Loss of earnings
• Travel expenses
• Medication costs
• Aids and equipment
• Rehabilitation, e.g. physiotherapy, chiropractic fees
• Policy excess

While some claims do end up in court, the majority of cases settle out of court. At every stage of the case you will have the final say whether to continue. You will be advised of all offers of settlement and have the choice whether to accept the offer or proceed to court.

This of course, is a difficult question to answer accurately. However, as we have a team of specialist solicitors, most claims are settled between 6-9 months from when the claim was first made.

The answer to this question has 2 parts.

The first is, although your injury may not seem as serious to you at this time, due to the extent and nature of the injury itself, it may pose more serious problems for you long-term if left untreated or ignored now.

The second part of the answer, relates to your eligibility to make claim for Personal Injury compensation later. If you chose to decide now that the injury was not serious enough, and in a number of years you had a major relapse or recurrence of the injury you are now suffering, then your ability to claim what should have rightfully been yours at the time, may be lost.

In order to operate in a safe environment employees must be provided with safe equipment and plant.

Many of the accidents at work that we deal with relate to the use of unsafe and badly maintained equipment. Employers have a strict duty to ensure that:

• Equipment is in good working order
• Equipment is well maintained
• Equipment is regularly inspected
• All portable appliances are subject to PAT testing annually
• Staff are trained to use the equipment safely

An employer must always carry out a risk assessment. This involves an investigation conducted to identify whether any particular act or operation gives rise to a safety risk or hazard. The same applies to use of equipment and whether staff have the necessary skills and experience to use the equipment that they have been provided with.