Will I have to give evidence in court if I make a compensation claim for an asbestos disease?
Posted: 11th Jul 25 3:00 PM
Written by Jan Garvey, Senior Case Manager at the National Asbestos Helpline
Last Updated: 11/07/2025
If you are thinking about making a compensation claim for an asbestos disease, it is completely natural to worry about what might happen next.
One of the most common concerns people have is whether they will be expected to go to court and give evidence. The idea of facing a courtroom when you are already dealing with a life-changing illness like mesothelioma or pleural thickening can feel overwhelming.
The good news is, most asbestos claims settle well before they ever reach a courtroom.
Will I need to go to court?
The short answer is no, probably not. The vast majority of asbestos-related claims in the UK are settled through negotiation. Specialist asbestos solicitors are usually able to gather all the necessary evidence and negotiate a settlement to secure compensation without the need for a court appearance.
Typically, they will collect:
- Your work history, especially jobs where you were exposed to asbestos
- Medical records that confirm your diagnosis
- Witness statements (from you and possibly former colleagues)
- Medical reports and expert opinions that explain your illness
This kind of evidence is usually enough to move things forward without court attendance.
What if my case goes to court?
Occasionally, a claim may go further if the company or its insurer disputes the details or if there is an important question of law that the court needs to address. Even then, that does not necessarily mean you would have to attend court in person.
Joan Kennedy, Partner at Alderstone Solicitors, explains: “Industrial disease claims rarely go to trial – often a case is listed for trial but it settles before we reach the courtroom.”
If you do need to be involved, your solicitor will support you every step of the way and make sure you know exactly what to expect. They will work hard to make the process as straightforward and as comfortable as possible for you.
Legal content reviewed by Joan Kennedy, Partner and Solicitor in Asbestos Disease Law at Alderstone Solicitors
