How Long Does an Asbestos Case Take to Resolve

Asbestos exposure has affected hundreds of thousands of people and their families for decades, and to this day, 5,000 people annually lose their lives to asbestos-related diseases. Previously viewed as the perfect resource for consumer products and use in construction due to its durability and non-flammable properties, asbestos was installed across vast numbers of public buildings and homes around the UK.

When disturbed, asbestos dust fibres are released into the air, and when inhaled, these fibres settle in the lungs and can cause serious diseases, including cancer. Due to its prevalence, asbestos-related diseases are a major public health issue, despite its use being banned more than 20 years ago. In a bid to compensate those affected by asbestos, it’s possible to make an asbestos claim in addition to making a claim for Industrial Injuries Disablement Benefit (a type of workers compensation awarded to those who have contracted an industrial disease, including asbestos related illnesses).

If you or a loved one has suffered from health issues as a direct result of asbestos exposure, you may be entitled to make an asbestos compensation claim, but how long does this process take? In this blog, we’re going to look more closely at the legal process and how long it takes.

What is an asbestos case?

An asbestos claim is a personal injury claim brought forwards by someone whose health has been compromised or impacted by asbestos exposure and who, as a result, have developed a related illness such as asbestos lung cancer, asbestosis, or mesothelioma. If you have a disease but it cannot be linked directly to asbestos exposure by a doctor, you will not be eligible to pursue a case. For example, if you have a mesothelioma diagnosis but it isn’t linked to asbestos, you won’t be able to obtain compensation through an asbestos claim.

If a family member has died due to an asbestos-related disease and didn’t make a claim whilst alive, either because they were too ill or thought they couldn’t because the company responsible ceased trading, you could file a wrongful death lawsuit. Our team can help with this, too.

Asbestos claims are carried out by expert personal injury solicitors who investigate the claimant’s medical records and work history to establish a timeline of exposure and gain a complete understanding of the impact it has had on their life. From here, a solicitor can help the asbestos victim, and their family better understand the claims process and their entitlement to claim compensation.

Although it’s impossible to balance the scale for those who have experienced loss and grief due to asbestos exposure, compensation does offer a crucial windfall for covering associated expenses such as treatment, home modification and more. This is a vital process for seeking damages for victims and their families and ensuring those who are responsible are identified and held accountable.

Am I eligible?

If you or a loved one has been diagnosed with a disease or illness because of asbestos exposure, you could be entitled to compensation. Asbestos cases are subject to claim time limits like all other personal injury cases. This means you must start the legal process within three years of an asbestos-related diagnosis being made. It’s important to seek expert legal advice before the limitations expires. If you are unsure about the exact timeline of exposure, our team of personal injury specialists at OH Parsons can be of assistance.

To make an asbestos claim, you or your family member will have to meet the following criteria:

  • You have been unknowingly exposed to asbestos in the workplace or in another environment where you have spent prolonged periods.
  • The property owner/employer demonstrated negligence regarding their approach to safety, either by being aware of the asbestos and failing to implement safety precautions, or not performing necessary safety checks to ensure there is no asbestos on site.
  • Your illness and ongoing health issues were initially caused or intensified by exposure to asbestos.

How long does the process take?

Every case is unique; therefore it’s difficult to offer a ‘one size fits all’ timeframe for how long it will take to resolve your case. There are many aspects to consider pertaining to the individual, their condition, and their work history. Additionally, there are many investigative considerations, as our solicitors will need to identify the company/employer at fault and the environment in which asbestos was able to harm the claimant.

With that said, the legal process for compensation often takes around 18 months to resolve, but more complex cases can take up to three years to complete. While this may sound like a lengthy period, it’s essential to understand that a lot of investigative work and expertise is involved, and it’s crucial for a solicitor to gather appropriate information to ensure a positive outcome.

However, there are special circumstances where cases can and have been resolved in a much shorter time frame — sometimes as little as a few months. For example, if a person is suffering from a terminal asbestos-related disease such as mesothelioma, solicitors will endeavour to complete the case quickly while the claimant is in good health.

In essence, the following factors will determine the amount of time required to investigate and resolve an asbestos case:

  • The type of asbestos-related condition you have
  • How easily the company responsible for asbestos exposure can be found Failing that, how easily their insurer can be found
  • Whether or not the company/individual accepts responsibility for asbestos harming others
  • How long it takes to gather the necessary evidence to put the case forward
  • The time it takes to calculate the financial restitution you are owed

At OH Parsons, we do our utmost best to resolve every case as quickly as possible without sacrificing the quality and efficiency of our services. We understand how traumatic asbestos-related diseases can be for victims and their families, which is why we do everything possible to make sure you are compensated appropriately.

How much will I receive?

As mentioned earlier, every case is unique and consists of specific circumstances, medical conditions and the way in which a person’s life has been impacted by asbestos exposure. This means there is no set figure for asbestos compensation.

To establish how much compensation you might be entitled to, our solicitors will consider the following factors:

  • How the asbestos-related disease has impacted your life
  • The cost of medical expenses (treatment and rehabilitation)
  • The type of disease you have (e.g. mesothelioma compensation tends to be higher than pleural thickening compensation)
  • The cost of care and services provided by loved ones, friends or third-party professionals
  • Loss of income you suffered by being absent from work due to the disease and/or the projected loss of income you will suffer in the future due to the illness
  • If you are the spouse of a deceased victim, you can receive compensation for the loss of their income and services

Why choose OH Parsons for your case?

OH Parsons is a leading law firm in the UK with an experienced and skilled legal team. People have suffered for years and lost their lives due to conditions and health complications from asbestos exposure. Our solicitors help asbestos victims and their families to receive compensation for their emotional and physical suffering and any financial losses caused by asbestos exposure.

At OH Parsons, we have a team of highly experienced lawyers who can help you. Our ‘No Win No Fee’ policy means you do not have to pay any upfront legal fees, and if your asbestos compensation claim is successful, we will ensure you receive the maximum amount of compensation awarded.

We are dedicated to serving working people and have been for 75 years. We act for individuals across a wide range of industries and aim to offer them all the highest standards of fairness and integrity at all times.

We have a national reputation in personal injury, serious injury claims, medical negligence, fatal accident claims, and cases relating to industrial disease. Get in touch today for a free consultation.

If you have been diagnosed with mesothelioma or another type of asbestos disease, get in touch today to schedule a free initial consultation and discover how we can help you to get the compensation you deserve.



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