Will My Asbestos Claim Go to Court?

Author:
Deborah Krelle
Partner, Head of Industrial Disease
Date:
23/09/2020

Most asbestos disease claims are settled out of Court. When we approach the company you hold responsible for your asbestos disease, such as asbestosis or mesothelioma, we’ll give them a chance to accept or deny responsibility.

If they acknowledge that their negligence caused your asbestos disease, we can negotiate for an appropriate compensation settlement without having to go to Court. Even if they deny responsibility and a Court date is scheduled, our Industrial Disease Solicitors will continue negotiating with the other side to agree a settlement before we have to go to Court.

It’s very unlikely that your case will get as far as the Courtroom, as it’s in both side’s interests to settle an asbestos claim as amicably as possible. But if your case does end up going to Court, we will be at your side to support you throughout the whole process.

For a free claims assessment and legal advice contact our Industrial Disease Solicitors - ask if we can deal with your claim on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

When Will We Start Court Proceedings?

Your case would only have to go to Court if:

  • The other side continues to deny responsibility for your asbestos disease
  • We can’t negotiate an appropriate amount of compensation for you

If we take on your case, we’ll work to recover an amount of compensation that reflects the full impact of your asbestos disease. This could cover everything from:

  • The pain and suffering you’ve experienced
  • How much care, support and rehabilitation you need
  • Loss of earnings
  • How serious your illness is
  • Any medical and travel expenses you’ve incurred
  • The cost of any mobility aids and home adaptations you may need

One of our Industrial Disease Solicitors will carry out a detailed investigation to assess exactly how much compensation you are entitled to. Our valuation will be based on evidence including witness statements, an independent medical assessment of your condition and a detailed look at how your asbestos disease has affected you financially.

We’ll then approach the other side with the details of your claim and ask them whether they accept liability (fault). If they admit full or partial liability for your disease we can present our valuation of how much compensation you are entitled to, and attempt to negotiate a settlement.

What Happens Next?

Even if a Court date is set, we’ll carry on negotiating with the other side for a fair compensation settlement, aiming to resolve your case before the Trial begins.

So even if it looks as if going to Court is the only way to settle your claim, there’s a good chance this still won’t happen, and we’ll certainly do everything we can to make sure we can settle before the Trial date.

But rest assured, in the unlikely event that your case does have to go to Court, your expert Industrial Disease Solicitor will support you and keep you informed every step of the way.

We understand that the idea of claiming compensation for asbestos may seem daunting, and the prospect of giving evidence in Court particularly so. That’s why we’re determined to make the claims process as stress-free as possible and give you realistic assurances about what is and isn’t likely to happen.

If you have any questions about claiming asbestos compensation, get in touch with our Industrial Disease Solicitors for a free claims assessment and legal advice. We’d be happy to answer any questions you may have.

We handle many asbestos claims on a No Win, No Fee basis, which means you don’t pay anything if your claim is not successful.

For free legal advice call our Asbestos Claims Solicitors

No Win No Fee

Monday to Friday 8:30am-7:00pm

08002 605 010

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