Frequently Asked Questions

It is important to understand that not everyone who has been exposed to asbestos will develop an illness, in fact most people who come into contact with asbestos do not become ill as a result.

If you have been told that you are suffering from an asbestos related disease, you should ask your consultant for the name of the condition that has been diagnosed.

There are a number of conditions which can be caused by asbestos, and some are more serious than others. Conditions commonly associated with asbestos exposure are:

• Pleural Plaques
• Pleural Effusions
• Pleural Thickening
• Asbestosis
• Mesothelioma
• Lung Cancer

If you have been diagnosed with any of these conditions it is important to get the right legal advice. There are of course many solicitors, but there are in fact very few specialist firms who know enough about asbestos related claims to ensure that you get the best possible help.

Following a decision by the Court of Appeal which was upheld by the House of Lords, it is no longer possible to claim compensation for pleural plaques. Browell Smith and Co currently supports the Trade Union Movement and Asbestos Support Groups in a nationwide campaign to restore the rights of individuals to recover compensation for this condition.

In many cases the answer is yes. Your solicitor will investigate whether you have been exposed elsewhere, perhaps because another member of your household brought home clothing contaminated in asbestos dust, or possibly because you lived near to a site where asbestos products were manufactured.

Many people are not aware that products which they worked with on a daily basis contained asbestos, for example:

• cements and artex
• ceiling and floor tiles
• insulation used in fridges, freezers, cookers and even hairdryers
• cisterns, tanks, rainwater goods
• bitumen products, gutter linings and flashings
• PVC flooring
• brake pads, gaskets

The company which exposed me to asbestos has gone out of business. Can I still claim?

In the majority of cases it is still possible to make a claim. At Browell Smith and Co we keep an extensive database of companies, their insurers and witnesses who can help to confirm working conditions.

Is there a time limit in which I must bring a claim?

Time limits do apply. Claims should be brought within 3 years from the date upon which you realised that you were suffering from a condition caused by asbestos.

If the claim arises as a result of the death of a family member, then the time limit is usually 3 years from the date of the death.

This is a complex area and we would recommend that legal advice is obtained as quickly as possible.

At Browell Smith and Co an appointment will be made for you to meet with one of our solicitors who specialises in asbestos related claims. An appointment can be arranged at one of our many offices throughout the North East and Midlands or, if you prefer, we can visit you at home.

Our solicitors can give you detailed advice about whether your case will be successful, how long it will take and how much compensation you can expect to receive.

We can also advise you on which state benefits you are entitled to claim in respect of your condition, and can make an application to a Government Scheme called the Pneumoconiosis Scheme where appropriate.

At Browell Smith and Co we routinely make applications to overseas Asbestos Trust Funds on behalf of our clients.

In addition to compensation awarded for your illness you are also entitled to claim damages for financial losses such as:

• loss of earnings or pension payments
• the cost of medical care
• the cost of maintaining your home and garden
• the cost of specialist equipment to help you cope with your illness

We can ensure that you obtain the appropriate level of care and the benefits to which you are entitled.

If your condition is fatal, your Dependents (usually a husband or wife/partner or children who are still financially reliant upon their parents) can claim in respect of any income which they may lose as a result of your death.

At Browell Smith and Co we believe that it is important to settle your claim as quickly as possible. We appreciate that many of our clients will face financial difficulties because of their illness, and it is important to start Court proceedings at the earliest possible date.

If you are suffering from, or if you are claiming because your relative developed mesothelioma, your solicitor will issue court proceedings under a special ‘Fast Track Scheme’. We will do our very best to ensure that your case is concluded within 6 months.

In most mesothelioma cases we can apply for an advance payment of damages known as an ‘interim payment’.

Yes. The Estate and Dependents can bring a claim. Dependents can claim an award for pain and suffering caused by the illness, together with all financial losses and care costs.

In some cases it is possible to claim an additional payment called a ‘Bereavement Award’.

We will discuss all possible ways of funding the case with you. The initial consultation is free. During the meeting we can advise you on whether your claim is worth pursuing and the best way to fund the claim.

If you are a member of a Trade Union we can put you in touch with your Union who may be able to provide funding for your claim.

In the event that you are not a Trade Union member we can help you to establish whether you have any insurance policies which will cover your legal costs.

Where you do not have the benefit of Trade Union membership or appropriate insurance cover, we can pursue your claim under a NO WIN NO FEE agreement.

Whatever you decide, please remember that it costs nothing to take initial advice.

Our specialist legal advisors can ensure that you obtain all the benefits to which you are entitled.