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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.
At Browell Smith & Co we believe 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 start court proceedings under a special Fast Track Scheme. We will do our very best to ensure that your case is concluded within six months. In most mesothelioma cases we can apply for an advance payment of damages known as an Interim Payment.
At Browell Smith & 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 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 & 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 illnesss 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.
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.
Time limits do apply. Claims should be brought within three years from the date upon which you realised that you were suffering from a condition caused by asbestos. If the asbestos claim arises as a result of the death of a family member, then the time limit is usually three 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.
In the majority of cases it is still possible to make an asbestos claim. At Browell Smith & Co Solicitors we keep an extensive database of companies, their insurers and witnesses who can help to confirm working conditions.
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