Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Send us a summary of your circumstances and objectives for a quick response. |
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asbestos
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Asbestos compensation step by step
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Mesothelioma,
asbestosis and other asbestos claims:
Long track record of success for UK
& worldwide clients
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Do I have a claim?
Solicitors here
pursue compensation claims for mesothelioma and asbestos
disease for clients in Canada, New Zealand, Australia,
South Africa, China, Netherlands, Zimbabwe, Ireland,
Germany & elsewhere, as well as throughout the UK.
Use our INTERACTIVE QUESTIONNAIRE to start your claim. Click
HERE for some of the companies whose insurers have paid our
clients compensation.
Step by step to getting compensation for victims of UK
asbestos exposure.
Asbestos
exposure: recently settled claims
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Disease
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Gross
damages
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Date
settled
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Asbestos related lung cancer
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£104,392
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23.11.2011
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Pleural thickening
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£35,000
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10.11.2011
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Mesothelioma
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£115,000
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04.11.2011
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Asbestosis
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£55,000
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02.11.2011
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Mesothelioma
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£150,000 |
01.11.2011
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Mesothelioma
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£150,000 |
04.10.2011
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Mesothelioma
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£92,000
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27.09.2011
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Mesothelioma
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£83,904
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14.09.2011
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Mesothelioma
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£165,000
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24.08.2011
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Mesothelioma
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£154,570
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19.07.2011
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Mesothelioma
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£350,000
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15.07.2011
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Pleural thickening
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£27,000
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14.07.2011
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Mesothelioma
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£69,542
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08.07.2011
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Asbestosis
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£18,000
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30.06.2011
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Mesothelioma
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£235,000
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28.06.2011
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Mesothelioma
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£147,500
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28.06.2011
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Asbestosis
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£22,500
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28.06.2011
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Mesothelioma
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£127,500
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24.06.2011
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Mesothelioma
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£129,000
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05.04.2011
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Mesothelioma
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£150,000
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28.03.2011
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Pleural thickening
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£20,000
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25.03.2011
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Mesothelioma
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£126,278
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23.03.2011
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Mesothelioma
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£225,000
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15.03.2011
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Mesothelioma
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£205,000
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11.03.2011
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Mesothelioma
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£267,500
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09.03.2011
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Mesothelioma
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£120,000
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15.02.2011
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Mesothelioma
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£140,000
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08.02.2011
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Mesothelioma
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£215,000
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07.02.2011
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Mesothelioma
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£170,000
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04.02.2011
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Asbestosis
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£85,000
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03.02.2011
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Mesothelioma & asbestos
related lung cancer
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£120,000
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20.01.2011
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Mesothelioma
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£230,000
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20.01.2011
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Mesothelioma
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£130,000
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10.01.2011
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Mesothelioma
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£163,831
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30.11.2010
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Mesothelioma
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£142,500
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30.11.2010
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Total recovered for
claimant clients
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£4,741,017
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12 months
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Proving the claim
Beware
"easy-compensation" advertisers. The reality is
that the onus is always on the claimant to prove
the liability of the defendant(s) on the balance
of probabilities.
Without such proof
of or acceptance by the defendant(s) of liability
(i.e. fault), there will be no "compensation".
Proving
liability can often be an arduous battle,with the
defendant(s) fighting every step of the way.
It is wise to consult experienced, qualified solicitors
with the specialist track record in occupational disease
claims of this kind to give the claimants they represent
the best chance of achieving the best results possible.
Defendants
New defendants
who are usually former employers of those suffering from asbestos related
illnesses disease are cropping up all the time. Here
is a list of some defendants known to us where the
courts have found them to be liable to pay
compensation or the cases have settled beforehand.
This is just a small number of the thousands of
employers who are sued each year:
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What is asbestos?
Asbestos is the general name for
three main types of naturally occurring
mineral classified as follows:
(a) Chrysotile ® (white
asbestos)
(b) Crocidolite ® (blue
asbestos)
(c) Amosite ® (brown
asbestos)
Each type has different qualities. All
are resistant to heat.
White asbestos is soft, silky,
flexible yet tough and is used in
asbestos textiles and asbestos cement.
Blue asbestos
is harder but still flexible,
strong and acid resistant and is used
in asbestos textiles.
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Brown
asbestos is actually a grey-yellow colour, is coarse
and brittle and used in thermal insulation.
Asbestos was known as the magic mineral as it
combined the indestructibility of rock with the
flexibility of silk which meant it could be woven
for many industrial purposes.
Asbestos ban
Blue
and brown asbestos were banned from importation
supply and use in Great Britain in 1985.
From
24th November 1999 the importation of white
asbestos was banned 5 years ahead of the
European Union deadline but there are numerous
products to which time-limited derogations apply
for example; split face seals of at least 150
millimetres in diameter used to prevent leakage
of water from hydro-electric power.
Why is asbestos a
health hazard?
Asbestos fibres
are the smallest natural fibres known.
An individual
asbestos fibre cannot be seen by the naked
eye nor under the most powerful optical
microscope.
By way of analogy
Geoffrey Tweedale in his book "Magic Mineral
to Killer Dust" illustrates the minute size
of individual asbestos fibres:
“2
million fibres can fit on a pinhead; or an inch cube
of asbestos contains 15 million miles of fibre.”
When inhaled these tiny indestructible fibres work their
way to the lungs, the lining of the lungs (the pleura),
the alveolar ducts and the alveoli and the membrane
surrounding the abdomen (peritoneum).
Indestructible inhaled asbestos particles remain latent
in these areas and it is often the case that asbestos
related respiratory diseases do not manifest until
decades later.
Types of asbestos
related illnesses
Pleural
plaques:
These are
areas of inflammation which affect
the pleura. Minor asbestos exposure
can still result in pleural plaques.
Plaques do not generally cause pain
or breathlessness and can be
asymptomatic although their presence
can cause anxiety.
Pleural thickening:
These are
similar to pleural plaques but they
affect more of the pleura. Pleural
thickening may cause breathlessness
and/or chest tightness. It is
normally caused by heavy
asbestos-exposure.
Asbestosis:
This is a
type of fibrosis affecting the lung.
Asbestosis can cause breathlessness
and a cough. It is usually caused by
relatively heavy asbestos exposure.
Asbestosis and pleural plaques or
thickening may occur together. There
are differing degrees of asbestosis.
The disease can degenerate although
this is not inevitable.
Lung cancer:
Lung
tumours are normally seen in those
who have been heavily exposed to
asbestos dust and who may be heavy
smokers as well. The symptoms are:
prolonged period of coughing,
sputum, occasionally blood in the
sputum, lack of appetite and weight
loss.
Mesothelioma:
This is a
tumour of the pleura. It occurs in a
small minority of people who are
exposed to asbestos. Symptoms
include chest pain, breathlessness
and loss of appetite and weight.
There is no relationship between
smoking and mesothelioma. There are
different types of mesothelioma but
unfortunately they are all
incurable. A combination of
chemotherapeutic agents Alimta
(Pemetrexed) and Cisplatin have been
show in some cases to have survival
benefits and the private cost of
such treatment may be claimed.
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NO
WIN NO FEE is available
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Our
clients keep 100% of their damages with no
deductions
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Compensation
If
it can be proved on the
balance of probabilities
that unlawful exposure
to asbestos fibres
occurred at the work
place and has caused the
asbestos related illness
complained of then the
courts will award
compensation (damages)
against the employer. In
mesothelioma claims 100%
damages will be awarded
where a negligent
employer has been found
to have made a material
contribution to the risk
that the employee could
contract
mesothelioma.
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There are two types of
compensation which the
courts will award: general
damages and special damages.
General
damages
This is to
compensate for pain suffering and
loss of amenity caused by the
asbestos related illness.
The 9th edition
of the Judicial Studies Board
Guidelines recommends the following
amount for the following illnesses:
Guideline
asbestos compensation
amounts
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Asbestos-related
Disease
Mesothelioma,
lung cancer and asbestosis are
the most serious of these.
Mesothelioma is typically of
shorter duration than either
of the other two and often
proves fatal within a matter
of months from first
diagnosis. Lung cancer and
asbestosis are likely to have
a fatal outcome but the
symptoms often endure for
several years. Where damages
for pleural plaques are
concerned, note that
entitlement to and
quantification of damages are
under appeal to the House of
Lords at the date of
publication.
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a) Mesothelioma causing
severe pain and impairment
of both function and
quality of life. This may
be of the pleura (the lung
lining) or of the
peritoneum (the lining of
the abdominal cavity); the
latter being typically
more painful. The duration
of pain and suffering
accounts for variations
within this bracket. For
periods of up to 18s
months, awards in the
bottom half of the bracket
may be appropriate; for
longer periods of four
years or more, an award at
the top end: £52,500 to
£81,500
b) Lung cancer,
again a disease proving
fatal in most cases, the
symptoms of which may not
be as painful as those
of mesothelioma, but
more protracted: £50,000 to
£64,250
c) Asbestosis,
causing impairment of the
extremities of the lungs
so that oxygen uptake to
the blood stream is
reduced. In the early
stages the disease may be
symptomless but progresses
to cause severe
breathlessness.
Mobility is likely to
become seriously impaired
and quality of life
reduced. Respiratory
disability of between 10
and 20 per cent will
probably attract an award
in the region of
£45,000: £30,750 to
£67,500
d) Pleural
thickening,
typically causing
progressive symptoms of
breathlessness by
inhibiting expansion of
the lungs (the so-called
cuirasse restriction).
Disease may gradually
progress to cause more
serious respiratory
disability: £24,500 to
£50,000
e) Provisional
awards for the least
serious cases within (d)
where the provisional
award excludes any risk of
the development of
mesothelioma, lung or
other cancer or
asbestosis: £4,250 to
£7,000
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The courts are not bound
to follow these guidelines but will
generally be persuaded by them.
Interest on
general damages
Interest is payable on
general damages at 2% per year from
the date of service of the court claim
form.
Special
damages
This is
to compensate for all the specific
financial losses both past and
future which arise as a result of
the illness and which are
reasonably foreseeable. These may
include but are not limited to the
following:-
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- Bereavement
damages
- DIY
- Gardening
- Window
cleaning
- Decorating
and house
maintenance
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In
many cases the amount of additional special damages
far exceeds the amount awarded for general damages.
Interest on special
damages
Interest is payable
at 3.00% per year.
Provisional
damages
The court has the
power to award provisional damages when it
is more likely than not that there is a
chance that at some time in the future there
will be a serious deterioration of the
asbestos related disease.
For example if the
claim is for damages for pleural plaques or
pleural thickening you can be compensated for
those illnesses but should the disease worsen
into asbestosis or mesothelioma or asbestos
related lung cancer you may be able to go back
to court for more compensation.
Where
there is a claim for provisional damages but
the claimant dies before such compensation is
made, his or her estate can continue to claim
for the loss.
Types of occupation where
exposure to asbestos has
occurred
Over the last 100 years
asbestos has been commonly used in numerous
industrial processes and occupations. Those
in the following occupations regularly came
into contact with airborne asbestos fibres:-
aerospace
workers, architects, auto mechanics,
boilermen, brake mechanics, building
superintendents, carpenters, construction
trades, deck officers, demolition trades,
electricians, engineers, heating
engineers, insulators, labourers, lab
technicians, laggers, machinists, marine
engineers, masons, merchant marine seamen,
naval personnel, pipe fitters, plumbers,
power station workers, refractory brick
layers, roofers, sheet metal workers,
shipyard workers, spouses of exposed
workers, steamfitters, telephone repairmen
tilers, welders and window
fitters.
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Tracing former
employers
We can
obtain your employment
history from HM
Revenue & Customs
from 1961
onwards. This
will reveal the exact
name of your employers
if you are having
difficulty remembering
all your
employments.
Where a company has
been dissolved it can,
in certain
circumstances, still
be restored to the
companies register. It
is important to locate
the employer's
liability (EL)
insurers especially if
the employer is no
longer trading.
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Where no claim
can be made because the
employer has ceased trading
and its EL insurers cannot be
traced it may still be
possible to claim state
benefits. Even if a
company has been dissolved
certain courts may hear the
claim without restoring the
company to the companies
register. This saves time and
expense.
State benefits
Industrial
disablement benefit
The
Benefits Agency may provide compensation if
it considers that you have a disability
caused by asbestosis, diffuse pleural
thickening, mesothelioma or asbestos related
lung cancer and that you were exposed to
asbestosis when in paid employment.
For all claims except mesothelioma there is
a waiting period of 15 weeks.
If you suffer from any of these you should
contact your local Benefits Agency.
Additional
lump sum under the Pneumoconiosis Etc.
(Workers Compensation) Act 1979
Purpose
of the Act
To pay
compensation to certain people who are
unable to recover damages from their
employers.
Who
is covered?
Sufferers
from certain industrial diseases caused by
dust, irrespective of industry, and, if the
sufferer has died, a dependant.
Diseases
covered
(a)
pneumoconiosis (which includes silicosis,
asbestosis, and kaolinosis)
(b)
byssinosis (associated with cotton dust
exposure)
(c)
diffuse mesothelioma (asbestos related
cancer)
(d)
diffuse pleural thickening (asbestos
related)
(e)
primary carcinoma of the lung (asbestos
related)
Conditions
of entitlement
(a)
Sufferers should normally be in receipt of
industrial injuries disablement benefit
(IIDB) in respect of one of the above
diseases. Dependants can claim (IIDB)
posthumously but there are time limits for
making posthumous claims. Claims for IIDB
should be made on a BI 100(PN) form
available from the local Benefits Agency
office.
(b) The
employers who caused or contributed
towards the disease must have ceased to
carry on business, or if they are still
trading, there is no realistic chance of
obtaining damages from those employers.
(c) The
sufferer or dependants must not have
brought any action for damages in relation
to the disease or received an out of court
settlement.
When to apply
(a) Sufferers:
should apply as soon as they think they
are suffering from a disease covered by
the Act. They should not await the outcome
of a claim to the Benefits Agency for
IIDB.
(b) Dependents:
should apply once they are in receipt of
IIDB. If they are time barred from
claiming IIDB they should still apply.
How to apply
Please contact:
Pneumoconiosis Workers' Compensation Scheme
4th Floor Phoenix House
Stephen Street
Barrow-in-Furness
Cumbria
LA14 1BY |
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SUPPORT FOR CLAIMANTS: Mesothelioma
Claimants with Low Exposure to Asbestos
Succeed
The Supreme
Court rules in favour of mesothelioma
claimants – 9th March 2011 in the cases of:
Sienkiewicz -v- Greif
;
Willmore -v- Knowsley 2011
UKSC10.
The Supreme
Court has ruled in favour of mesothelioma
claimants who suffered low levels of asbestos
exposure.
Now in order
to succeed on the issue of causation a
mesothelioma claimant only needs to establish,
on the balance of probabilities, that his or
her exposure to asbestos dust was more than
minimal and, if so, it will satisfy the
Fairchild Test that such exposure “made a
material contribution to the risk” that the
claimant would develop mesothelioma.
The
defendants who had exposed the claimants to
asbestos dust advanced arguments in their
appeal that claimants could only succeed if
the level of asbestos exposure was double the
background or ambient levels of exposure and
that the claimant still had to prove that “but
for” such exposure the claimants would not
have gone on to develop mesothelioma.
The Supreme Court rejected these arguments and
held that:
1. The exposure to asbestos dust need
only make a material contribution to the risk of
developing mesothelioma even where there is only
one negligent employer.
2. The material contribution test set out in
section 3 of the Compensation Act 2006 applies
to all mesothelioma claims, not only to cases
where there are multiple negligent employers.
The result of
this case will be that more claimants are likely
to succeed in their claims event though the
asbestos exposure would be regarded as slight or
low providing that such exposure made a material
contribution to the risk that mesothelioma would
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You may have seen in the
press or television or heard on the radio advertisements
placed by claims organisations. These organisations
handle bulk personal injury claims by farming them out
to certain solicitors in return for a fee.
These intermediaries
are rarely solicitors themselves and may have very
little idea as to how to handle asbestos related
industrial disease claims where the exposure may have
occurred anything up to 50 years ago or more.
We
recommend that you choose a solicitor experienced in the
prosecution of asbestos related cases in the civil
courts. Humphreys & Co. are not offering a
mass-produced legal product. Clients often prefer our
independent approach and our sensitive, personal
case-handling is more likely to bring effective results.
There may be
numerous complex issues relating to the asbestos
regulations, exposure, knowledge that exposure to
asbestos was a health hazard, lack of protection and
medical issues.
Our solicitors
(including membership of the specialist Law Society
Personal Injury Panel) pursue compensation claims for
asbestos disease for clients throughout the world
including in Canada, New Zealand, Australia, South
Africa, Netherlands, Zimbabwe, Ireland, China, Spain,
Germany and elsewhere, as well as throughout the UK.
Clients' best
interests are usually better served by going direct to
independent specialist qualified solicitors than to
"claims management" intermediaries, who sell clients'
cases on in return for "referral fees"
We
may well be able to offer you a no win - no fee funding
arrangement the terms of which are set out in a
Conditional Fee Agreement.
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No
surprises and no hidden costs with our qualified
solicitors
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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