Most people don’t understand their rights and responsibilities when they have been diagnosed with an asbestos related condition. The main issue stems from the strict time limits the law places on those diagnosed with asbestos related diseases. A person who suffers from any related condition should seek asbestos victim advice from a solicitor without delay because the Court does not have the power to rule against claims that have run out of time.
The Length of a Claim
It doesn’t matter if a person suffers from non-mesothelioma conditions like asbestosis or pleural thickening or from more deadly forms of mesothelioma, the length of time to file a claim is very specific. Whether a person is applying for state benefits or going through the court system, the time limit for filing a claim is generally three years from the initial diagnosis of asbestos related conditions. If a claim is filed after three years, the Court might still decide to award a claim if there is a good reason for a delay.
Sometimes, an employer will go out of business and this makes it hard to file a claim. In these cases, the business owner might not have any money, but compensation will come from the insurers of the business at the time of closure. A good solicitor will have access to a complete database of former businesses that others have brought action against in similar cases.
The Amount of Compensation
Once you have filed a claim against a former employer, the next step is to determine how much you would like to settle for in the event of a judgement. In some cases, like non mesothelioma claims, a victim can accept a once and for all payment where they would not be able to return to the Court if they developed further asbestos related conditions. They could also accept a much lower payment which would give them the right to return to the Court should further conditions developed in the future. There are a lot of factors that determine how soon compensation is received, but in mesothelioma cases there are court procedures put in place to speed up the process. This usually takes between six to twelve months.
The most important things to consider are selecting a good solicitor in a timely manner and seeking the help that is needed in filing a claim for any asbestos related illnesses.