All Asbestos Related Conditions:
There are four elements necessary for having a successful claim:
- It is necessary that the sufferer has an asbestos related condition, this is a question of medical opinion and will be decided by a medical expert specialised in dealing with this kind of claim.
- It is necessary that it can be proven, on balance of probabilities, that asbestos exposure occurred and the identity of the employer(s) whom the exposure occurred with.
- As with all personal injury claims it is necessary that the claim is brought within the three year time limit permitted by the Limitation Act 1980. This three year period will start when the diagnosis of the asbestos related condition is made. It is also possible to bring a claim outside of this three year period in certain circumstances. Whilst people have three years in which to bring a claim most cases are over well before this period has lapsed.
- It is necessary to be able to trace either the employer or their employer’s liability insurer if the company is no longer trading. This is necessary as a party is required to payout any compensation that is awarded. Sintons have a database that has accrued over many years that holds the insurance details for hundreds of companies thereby maximising the prospects of bringing a successful claim.
- We can also assist with making an application for the Diffuse Mesothelioma Scheme 2014, which is a government funded scheme for paying out compensation to mesothelioma sufferers where it is not possible to trace their employers and/or their insurers.
For non-mesothelioma asbestos related conditions compensation is paid out on a proportionate basis. This means that if exposure occurred with four employers for an equal period then each employer will be responsible for paying 25% of the total damages awarded.