What will an experienced mesothelioma lawyer do?
Posted: 17th Aug 17 5:30 PM
It is important that if you or a family member is diagnosed with mesothelioma that you seek the help and support of an experienced asbestos lawyer.
The law relating to mesothelioma compensation claims is very complicated. There have been more legal decisions in recent year in asbestos litigation than any other area of law. Getting an expert asbestos lawyer can be the difference between winning and losing your case. Tactics are very important in these cases. They can be very complicated. It is very important to have an experienced lawyer at your side.
A mesothelioma lawyer will not ask you for money
Mesothelioma sufferers and their families should never be left out of pocket when making an asbestos compensation claim.
Asbestos disease solicitors will provide free initial advice. If you or your family decide to work with them, they will ask you to sign a conditional fee agreement, which is commonly known as a ‘no win, no fee’ agreement. This means that whether the compensation claim is successful or not, you and your family will not be asked to pay any fees.
In the case of a successful mesothelioma compensation claim all your solicitor’s fees will be met by the defendant, so you will receive 100 per cent of your compensation settlement from the court.
An experienced industrial disease solicitor will have proof of expertise
Do not hesitate to ask a solicitor about their track record in asbestos-related civil claims. They should be able to give you an idea of how many cases they have worked on, compensation figures, and provide testimonies from mesothelioma clients they have helped in the past.
The best mesothelioma lawyers will act quickly
The solicitor should act quickly and should come and take your statement as soon as possible. When you feel ready they will organise with you – and at your convenience – to come and talk to you face-to-face to record a detailed statement. This can be done at your home or somewhere familiar.
Fast track mesothelioma scheme
There is a specialist Mesothelioma Fast Track court procedure to benefit sufferers and ensure where possible they have the benefit of any compensation in their lifetime. Once your solicitor has started the claim the court asks why judgement should not be given on the case. If there is no credible defence judgement will be given and a mesothelioma sufferer will be awarded £50,000 as an interim payment.
Your solicitor will look for extra witness evidence
It may be necessary to find further evidence to support your mesothelioma claim for compensation. Usually this is in the form of witness statements from people who used to work at the same company and/or premises during a similar time period. While you may be expected to help find witnesses by contacting old work colleagues, an experienced solicitor may also make witness appeals through local and regional newspapers or they may already have witness statements from previous clients who worked in the same employment.
Your solicitor should also have access to the best asbestos medical and engineering experts who will be able to confirm a mesothelioma diagnosis and the link between your lung cancer and your exposure to asbestos dust and fibres.
A care report
It can be hard to quantify the impact of mesothelioma based only on the accounts of the asbestos victim and their family. Often you can be unaware of all that can be done to improve your situation. In some circumstances the best mesothelioma lawyers will instruct a care report, which is a report prepared by an experienced nurse who has had the opportunity to interview you and your family in your own home.
The solicitor will seek to rely on the care report in circumstances in which it is clear that professional opinion is required in order to accurately quantify your care needs. The report will assess your personal independence and detail the extent to which you are reliant on others. It will advise on what your future care needs are likely to be, and how best this care can be delivered. It also details the aids and equipment you should ideally be able to put in place to assist you in day-to-day living. The care report is able to provide an estimate of the costs associated with the provision of care and implementation of aids and equipment. This enables the solicitor to include these costs into the amount claimed, ensuring you and your family have the funds to put in place the care required.
An experienced mesothelioma law firm will help you apply for government benefits
As well as dealing with your civil claim for compensation, an experience mesothelioma lawyer will help you apply for government benefits. The solicitor will be able to advise in detail about Industrial Injuries Disablement Benefit (IIDB), Pneumoconiosis Etc. (Workers’ Compensation) Act 1979, and 2008 Diffuse Mesothelioma Scheme.
The National Asbestos Helpline is a free service provided by Birchall Blackburn Law, which has a team of specialist, experienced and dedicated asbestos lawyers. In order to support those people diagnosed with an asbestos-related disease with a full service – from benefits to compensation – the National Asbestos Helpline relies on Birchall Blackburn Law to provide the legal expertise required to help asbestos sufferers.