Asbestos Compensation Claims in Scotland
Separate Legal System
Scotland has a separate legal system to that in England/Wales. If a person’s exposure to asbestos has been wholly or mainly in Scotland, the claim will probably need to be made under Scots law and (if the case cannot be settled quickly for you) through the Scottish Courts.
A Free Service
The National Asbestos Helpline service is completely free of charge. Telephone calls to the National Asbestos Helpline are free and we also operate a Freepost service as an added benefit.
After discussing your claim with you, we would refer you to our Scottish solicitors who have considerable expertise in pursuing compensation for asbestos-related conditions. They would pursue your claim on a no-win, no-fee basis. On success with your claim, you may well receive 100% of your compensation, however due to fundamental differences in the legal expenses recoverable for successful claims in Scotland, there might be a small deduction from your settlement sum to cover unrecoverable legal expenses.
Asbestos-related diseases
As with the law in England and Wales, compensation can be obtained under Scots law for the following asbestos-related conditions:
- Mesothelioma
- Lung cancer with asbestosis
- Asbestosis
- Diffuse pleural thickening
In addition, and unlike the law in England and Wales, there is recent legislation in Scots law designed to permit claimants to seek compensation for pleural plaques or asymptomatic pleural thickening. At present a legal challenge to the new legislation by a group of insurance companies is proceeding through the Scottish Courts. As a result of this legal challenge, no compensation is currently available for pleural plaques although we hope such compensation will become available in months and years to come.
In the meantime, however, it should be noted that in Scotland, the three year time limit for raising Court proceedings in connection with pleural plaques or other asymptomatic asbestos conditions is running, notwithstanding the current unavailability of compensation. It is important therefore that you obtain advice in connection with this three year time-bar rule.
Starting a Claim
Our experienced case managers are here to guide you through the claims process. We will gather all evidence relating to your claim and work with you to build a strong case for compensation.
Visit our ‘Make a Claim’ page to leave a few details. We will then call you to discuss your case.
