Once you have been diagnosed with an asbestos related condition you must seek legal advice direct with a solicitor as soon as possible.
There are time limits for making a claim for both benefits and through the court system. The time limit for bringing court proceedings is within 3 years from when you were told about your asbestos related condition. If you are outside of this 3 year time limit then the courts have a discretion to still award you damages provided there is good reason for the delay.
Time is running and you must act sooner rather than later.
If your former employer has long gone out of business this does not mean that you will not be able to make a claim. They can be restored to the Register of Companies for the purpose of starting a court action. They will probably not have any money to pay your compensation, this will come from the insurers of the company at the time you worked for them. There are many checks that a solicitor can do to locate the insurers of your former employers.
During the course of your claim you will have to decide how you would like to settle. You can either accept a once and for all payment where you would not be able to return to court if you went on to develop any other asbestos related condition, or;
You can accept much lower payment but with a right to return to court should you develop a further asbestos related condition in the future.
Which decision to follow depends on the circumstances of each case. It is a decision you will ultimately have to make, your solicitor should explain fully the advantages and disadvantages of each decision.
It is also important to note that if you are in receipt of certain means tested benefits then receiving any lump sum compensation may put you at risk of loosing these benefits. You are able to preserve your benefits if you place your compensation in a special needs trust. Again your solicitor should discuss this with you at the appropriate stage of proceedings.
One last thing to note, do not become anxious or worried at instructing a solicitor. A good solicitor will always have your best interest in mind and will guide you through the whole process. It has always been very important to me that my client's do not suffer any further anxiety by bringing a claim.
For more information please visit my 'frequently asked questions' page or contact me via my 'contact me' page.
