Common questions about making an asbestos claim
Will an asbestos claim for compensation affect my pension?
Receiving lump sum compensation can have an effect on payments from the Department of Social Security (DSS). Generally, your pension or other benefit will only be affected if you are receiving a DSS benefit and make a claim for lost earnings or a loss of your earning capacity.
You (or your partner) may be precluded from receiving social security payments for a period of time known as the ‘preclusion period’. The length of the preclusion period depends on the size of the compensation amount awarded.
What is involved in claiming compensation for exposure to asbestos?
To make an asbestos claim for compensation you must prove that you have a medical condition caused by exposure to asbestos. This normally involves obtaining a report from your treating doctors. Your asbestos lawyer may also need to get a report from an independent specialist about your asbestos-related disease.
You must also establish when, where and how you were exposed to asbestos. This is where Slater and Gordon’s knowledge and experience and asbestos lawyers can help.
We have developed an extensive database of information which tells us how people have been exposed to asbestos, what products were manufactured with asbestos and by whom. So far, we have identified more than 3000 asbestos products and their uses. This unique database of information, our knowledge and experience helps our asbestos lawyers to identify your exposure to asbestos quickly and with a minimum of expense.
Once our asbestos lawyers have identified where and how you were exposed to asbestos, we will have the name(s) of potential organisation(s) to bring your asbestos claim against. The organisation(s) against whom a claim is brought are called Defendants.
Will I need to go to court for my asbestos claim?
The vast majority of court actions for asbestos-related illnesses settle before trial.
If you want to avoid going to court, Slater and Gordon's asbestos lawyers will of course try to negotiate a settlement for you, however we are unable to guarantee that your asbestos claim will not proceed to trial. And, of course, some people want their case to go to trial.
If it becomes necessary for you to go to court, Slater and Gordon's asbestos lawyers will provide you with information about how the court system works and what you can expect.
Once court proceedings have begun, your rights to compensation for pain and suffering are protected for the benefit of your estate. Your asbestos lawyer at Slater and Gordon will do everything necessary to prepare your asbestos claim and ensure that you are well informed of:
- relevant court processes and their duration
- all aspects of legal costs
- your rights and entitlements
How much will it cost me to make an asbestos claim?
Once it is established that you have a viable claim for damages, Slater and Gordon's asbestos lawyers will handle your asbestos claim on a No Win No Fee* basis. This means that you are only liable to Slater and Gordon for the costs incurred in your asbestos claim, if your claim is successful.
The No Win No Fee*, Fee and Retainer Agreement explains fully the terms and conditions, including how legal costs are calculated.
Your legal costs are largely determined by the amount of time and work required to resolve your claim.
How long will my asbestos claim take to finalise?
Slater and Gordon asbestos lawyers have pioneered court processes for critically ill clients so that claims can be urgently brought before court.
Usually, claims involving asbestos-caused cancers such as malignant mesothelioma take only months to resolve. If need be, an asbestos claim can be resolved within weeks or days - for those involving malignant mesothelioma. Claims for non-malignant asbestos-related conditions can take a little longer.
Am I still eligible to make a claim even if a relative has died from an asbestos related disease?
Yes. If your partner or a family member dies as a result of an asbestos-related injury, an asbestos claim for compensation may still be available to the estate or the dependants of the deceased. The asbestos claim may be limited to the financial consequences of the death.
What can I expect if Slater and Gordon handle my asbestos claim?
Our experienced asbestos lawyers working in asbestos law, means that we are able to process asbestos claims quickly and with minimal stress to sufferers. A Slater and Gordon asbestos lawyer experienced in asbestos litigation will provide you with free advice on a confidential no-obligation basis. Our asbestos lawyers come to you. We regularly see clients at their home or in hospital.
Slater and Gordon's No Win - No Fee™* scheme is available for asbestos-related claims. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.
Our asbestos lawyers will not take any significant steps in your asbestos claim, such as make or accept an offer of settlement, without your specific instructions. During your asbestos claim it is important that you or a loved one notify us if there is any sudden deterioration in your health.
Asbestos related cancers can be very aggressive. Asbestosis can be very debilitating. It is important you contact us for advice promptly. This is because once court proceedings have been commenced your right to compensation for pain and suffering is protected for the benefit of your Estate even if you pass away from your condition. During your claim it is important that you, or a loved one, notify us if there is any sudden deterioration in your health because we will make every effort to have your case resolved in your lifetime.
The majority of court actions concerning asbestos related illnesses settle before trial. If it is necessary to go to court, our lawyers have the skills and experience in litigation to guide you through the complexities of court proceedings.
Our experience working in asbestos law means that we are able to process asbestos claims quickly and with minimal stress to sufferers.