Frequently Asked Questions
Looking for some answers? Check out our helpful FAQs section.

Personal Accident and Injury
The ability to bring a claim for compensation against someone whom has caused you to have an accident or injury.
Those instances are very rare and generally arise in industrial disease cases involving asbestos related conditions. Otherwise, the amount of compensation you receive will be in full and final settlement of your claim.
You may also qualify for a lump sum payment under the Workers’ Compensation Act scheme.
Even if you have not been exposed to asbestos through your own work, you may qualify for certain benefits/payments and you should contact us for more advice.
In certain circumstances, it will be appropriate for us to meet face to face say for example if the circumstances of the accident are quite complex or if there is paperwork to go through. If for any reason it is difficult for you to attend our offices, then we can visit you at home.
There can also be occasions when it is necessary for us to have conferences with barristers or with medical experts. Generally, those conferences can be arranged over the telephone although on some occasions, it will be appropriate for you to attend in person. Again, we will make this as convenient for you as possible.
When you are bringing a claim for an industrial disease such as Noise Induced Hearing Loss, Vibration White Finger and Asbestos related conditions, then you have three years from the date of knowledge of your condition. When considering the issue of knowledge, factors taken into account will be when you first appreciated that the injury was significant and was linked to your employment and when you were first diagnosed by a health professional. This list is not limited to these matters and other factors will be taken into account in considering when knowledge has taken place.
If you do not bring your claim within the specified time, then you will be precluded from bringing your claim by legislation, namely the Limitation Act 1980. It is only in very exceptional circumstances that a late claim will be allowed.
That will be determined by medical evidence but until the final prognosis is known, the claim cannot be resolved.
In straight forward cases, where the injuries are less serious and the circumstances of the accident are not complex, then generally, a personal injury claim will take between 9 and 12 months to conclude.
We use up to date information technology to progress your case as quickly and efficiently as possible.
You are also entitled to claim back any out of pocket expenses/financial losses you have incurred as a result of your injuries. This can include loss of earnings, travelling expenses, the cost of private treatment, damage to clothing and any other miscellaneous items of loss/expenditure that have arisen of a result of your accident. You are also entitled to claim a monetary sum for any care and assistance that was provided to you by a partner, a friend or family member during your recovery.
Our online Compensation Calculator found on this website can give you an idea as to what you are likely to receive.
To protect you from any such liability, at the outset of your claim, we will obtain a policy of insurance for you, known as after the event insurance. The policy is at no cost to you and is a self insuring policy. It will only become effective if the case is subsequently lost in a Court hearing. Should that happen, then the policy will cover your opponents legal costs and also any disbursements (fees for professional charges) that we have paid on your behalf. There is nothing to pay in respect of our legal costs.
In a personal injury claim, you can enter into a Conditional Fee Agreement (also known as ‘no win, no fee’). At this firm, this means that if we are able to recover compensation for you, then you keep 100% of the amount awarded to you. Our legal costs will be paid in addition.
In a personal injury claim, you can enter into a Conditional Fee Agreement (also known as ‘no win, no fee’). At this firm, this means that if we are able to recover compensation for you, you are liable for what is known as a “success fee” which we cap at a maximum 25% of your damages to ensure that you always retain the majority share of your damages., however, this is a maximum cap and not a minimum. This means that you will retain 75% or more of your compensation. Our legal costs will be paid by the Defendant in most circumstances. In the event that your claim is unsuccessful, you will not be charged for our legal costs.
Personal injury cases can also be funded by what is known as before the event insurance. This is where you have an existing policy of insurance such as a motor policy, buildings or contents insurance and the policy provides for Legal Expenses Insurance. Not all insurance policies provide for this and at the outset of the claim, we will check any policies you have to establish whether Legal Expenses Insurance is available. On occasions when it is, we will take steps to ascertain from the insurers whether the policy covers the claim you are bringing as some policies that provide Legal Expenses Insurance do not cover all types of personal injury claim.
If you are a member of a Union, your Union may fund the claim for you.
Sometimes, if it not clear whether or not your condition is a compensatable one, we may ask you to pay the costs of a preliminary medical, so that we can find out more about your condition.
However, in most cases, you are not asked to pay anything. In any event, we would not incur any costs without your express prior agreement.
In common with asbestosis, for the lung cancer to be attributed to asbestos exposure, a fairly high level of asbestos exposure must have taken place. In some situations, surgery is possible to remove the tumour.
Compensation may be payable for asbestos related lung cancer. State benefits are available.
Generally, if a claim is not settled, court proceedings have to be commenced within 3 years of when you had knowledge of the condition and could relate it to the fault of others. Beyond this time limit, the claim will be classed as out of time.
However, the court do have discretion to allow late claims to proceed and whatever your position, you should seek legal advice to check the position.
Over the years, we have built up a reservoir of knowledge and source of contacts which often help us to win the claims. On the rare occasions when we cannot trace someone to pay, we look to see if there is an alternative organisation to claim from. For example, the occupier of the premises, another contractor or product supplier.
When asbestos fibres reach the pleura, they can cause scarring and this can be known as pleural plaques. The plaques do not usually interfere with breathing unless they are very extensive. They are therefore, not usually compensatable in England and Wales. However, the position is different in Scotland.
Compensation is paid for pain, suffering and loss of the ability to do normal activities. In addition, financial losses and expenses may be claimed. Each claim is very different and it is best to seek advice on your particular circumstances.
- Blue asbestos (Crocidolite)
- Brown asbestos (Amosite)
- White asbestos (Chrysotile)
All are cabable of causing lung disease.
Extensive amounts of asbestos were imported into the United Kingdom, particularly during the 1950s and 1960s. Asbestos was an extremely useful commodity because of its resistance to heat and fire and because of its sound absorption qualities and strength. It has been widely used domestically as well as in industry.
The dangers of inhaling asbestos fibres have long been known but employers frequently failed to take adequate care for the safety of their workers and other persons exposed to the fibres. Their negligence has resulted in many men and women developing asbestos related diseases many years after inhaling the fibres. (This is usually between 20 and 50 years after exposure).
Generally, workers are now better informed about (and protected against) the dangers of inhaling asbestos fibres. Further, the importation and use of asbestos is now banned in Europe (except for research purposes). However, its legacy remains. Asbestos can still be found in the structures of many of our homes, public buildings and workplaces.
Sometimes, the effects of asbestosis are minimal and it causes little or no breathlessness. In other cases, it can cause very severe breathlessness and can sometimes be fatal. It is very variable in degree.
Compensation can be paid for asbestosis. State benefits may be payable such as Industrial Injuries Disablement Benefit and Disability Living Allowance.
The most common form is Pleural Mesothelioma. The tumour encases the lung, compressing it and causing shortness of breath. Sadly, it is invariably fatal.
Peritoneal Mesothelioma is rarer. It involves the development of a tumour on the lining of the abdomen (the peritoneum). Again, it causes shortness of breath and is not curable.
Mesothelioma can occur in persons who have had a relatively low level of exposure to asbestos.
Compensation may be payable for Mesothelioma. State benefits are available and should be fast-tracked.
It can be caused by asbestos exposure but may be due to non-industrial causes. After the pleural effusion has resolved, it may leave some scarring (pleural thickening).
We have obtained compensation for asbestos related pleural effusions.
When the scarring is widespread rather than localised, it is known as pleural thickening. Depending upon the extent of scarring, it can cause shortness of breath.
Compensation may be available for pleural thickening. State benefits may be payable such as Industrial Injuries Disablement Benefit and Disability Living Allowance.
* Insulation on pipe-work and boilers
* Some plasters, paints and textured coatings
* Asbestos flues
* Asbestos seals on ovens
* Asbestos gaskets or seals
* Ducting
* Cable trays and cables
* Electricity/cable boards
* Partition boards
* Linings of lift shafts
* Boxing in and cladding
* Vinyl floor coverings and floor tiles
* Ceiling tiles
* Bath panels
* Artex
* Window ledges
* Fire doors
* Fire blankets
* Fire retardant clothing
* Stage curtains
* Asbestos mats - e.g. as used to be used in schools
* Roofing materials including roofing felt and corrugated roofing
* Soffits
* Guttering
* Pipes including downpipes
* Structural supports - e.g. girders clad or sprayed with asbestos
* Pre-fabricated buildings including homes, offices and classrooms
* Fume cupboards
* Garden furniture
* Ironing boards
* Hairdryers
* War time gas masks
* Brake and clutch linings
* Friction products
* Conveyor belts
* Boilermakers
* Boilerscalers
* Burners
* Cable engineers
* Construction workers
* Chemical industry workers
* Cleaners
* Crane drivers
* Demolition workers
* Dock workers
* Electricians
* Factory workers
* Fire fighters
* Fitters
* Furnace workers
* Gas fitters
* Health workers
* Heating and ventilation engineers
* Joiners
* Labourers
* Laggers
* Laundry workers
* Maintenance workers
* Mechanics
* Merchant navy seamen
* Miners
* Office workers
* Painters
* Pipe fitters
* Plasterers
* Plumbers
* Police personnel
* Power station workers
* Process operators
* Rail workers
* Refuse collectors
* Riggers
* Riveters
* Roofers
* Salvage workers
* Shipbuilding and repair
* Shop fitters
* Tannery workers
* Tar industry workers
* Teachers
* Trawlermen
* Waste disposal workers
* Welders
We would accompany you throughout the hearing and our barristers would also help to reassure you and give you the confidence needed. It is not as bad as you might think! Judges are sympathetic to victims of asbestos disease and you can expect to be treated with the utmost respect.
Other solicitors do refer claims to us as we are known for our expertise in this field. We sometimes take on claims that have been abandoned by other solicitors, if we feel there is merit in the claim.
Please contact us if you require more information