Asbestos, mesothelioma and related diseases

What is asbestos?

Asbestos is an insulating material that is fire and heat resistant. It was originally considered to be a miracle substance because it was both indestructible and flexible and therefore could be woven and used for many industrial purposes.

But asbestos fibres are the some of the smallest known to man and can be inhaled. The fibres work their way into the lungs, and sometimes into the membrane surrounding the abdomen and the heart.

These tiny particles remain dormant in these areas, sometimes for decades. The damage caused by asbestos fibres can include pleural plaques, pleural thickening, asbestosis, lung cancer and Mesothelioma.

Pleural plaques
Even superficial contact with asbestos can cause Pleural plaques, which are inflamed and scarred areas of the lung lining. Sometimes this will be asymptomatic, although in severe cases, they will cause pain, difficulty in breathing and anxiety.

Pleural thickening
This is a non-malignant disease in which the lining of the lung thickens and although it is not life-threatening, there is currently no cure. There is at least 10 years between exposure to asbestos and the onset of the disease.

Asbestosis
This is a scarring of the lung tissue that can occur alongside pleural plaques and pleural thickening. There are different scales of asbestosis but in the worst cases, it will restrict breathing and often be degenerative. It takes between 15 and 30 years for the disease to manifest following exposure to asbestos.

Lung cancer
Lung cancer is a malignant tumour or tumours that obstruct the airways. Although the relationship between lung cancer and asbestos is uncertain, it is widely accepted that lung tumours are seen in those who were heavily exposed to asbestos and who were also smokers.

Mesothelioma
This is a cancer of the pleural lining of the lung and sometimes the peritoneal lining of the abdomen. There are different types of mesothelioma but it is always incurable. The time between exposure to asbestos and onset of the disease is between 15 and 60 years.

Compensation

Claimants can seek compensation from those at fault for exposing them to asbestos. This could be their former employer or others working near them. If the company has been dissolved it can, in certain circumstances, it can be restored to the companies register for the purposes of the claim.

If the claim is successful, general damages will be awarded to compensate for pain and suffering. Special damages are also recoverable and include medical expenses, loss of earnings, loss of pension, care, aid and equipment, dependency claims, along with DIY and gardening costs.

Courts usually award compensation in a 'once and for all' lump sum. However, provisional damages, which entitle the claimant to go back to the Court for further compensation if the claimant's condition deteriorates, may be available in some cases.

Financing a claim

We always offer a free initial consultation to see how best to proceed with your claim. We can then offer you a variety of funding arrangements to suit your circumstances, including a 'No win, no fee' option.

Benefits available:

• Industrial injury disablement benefit
• Pneumononiosis etc (Workers Compensation) Act 1979
• Mannville personal injury settlement trust