Making a Personal Injury Claim
Choosing a personal injury solicitor who specialises in asbestos related conditions.
Information kindly provided by Bond Pearce LLP.
Who do you turn to?
It can be difficult to know who to turn to when you need professional advice following diagnosis of an asbestos related condition such as mesothelioma. It is important that you have someone you can trust and who will take the strain for you. Most importantly it is vital that you instruct someone who has the experience and expertise needed to deal with your legal issues. Please find below some things that you might like to consider when looking for a solicitor.
Time Limits
For personal injury claims, there is generally a three year time limit from the date of the accident during which legal proceedings must be commenced. There are exceptions. An asbestos related condition is one. It can take many years for a person to be diagnosed with an asbestos related condition as such the time limit in these cases runs from the date of diagnosis.
Who was at fault?
A claim for compensation will only succeed if fault can be established. Asbestos related condition cases such as those brought by mesothelioma victims are more complex as sometimes it can be difficult to trace the responsible employers. Some might no longer be trading. A specialist in asbestos related condition will know where to look to track your company's insurers down. An incident may have been partly your fault and whilst this may reduce the level of compensation awarded it does not mean you cannot bring a claim.
Funding Legal Claims
There are a range of options for funding a legal claim. For example you may have legal expense insurance as part of your car, building insurance or credit card. You might be considered for a Conditional Fee Agreement (CFA) which is more commonly known as a ‘no win no fee.' Your solicitor will be able to advise you on the best route of funding.
How does compensation work and what can be claimed for?
No amount of money can make an injury or illness better nor replace the untimely death of a loved one. However, such incidents can have grave financial consequences. This is where experienced solicitors' experience can help.
If you have an illness or injury caused by the negligence or wrongful act of a third party, you will be able to recover compensation for the injuries suffered. In most cases, reports will have to be obtained from appropriate medical experts which will consider the injuries and any medical treatment required in the future. In addition to compensation for the injuries themselves, you will also be able to recover monies for past and future losses. This can include loss of earnings, accommodation costs, aids and equipment, cost of medical treatment and travel expenses.
Do I need a specialist lawyer?
Many firms of Solicitors advertise their services and may have departments that act for people who have sustained injuries. It is however very important that you seek the assistance of a Solicitor who is a specialist in this area and has the experience of dealing with a case such as yours. Claims for compensation following an injury are not always straightforward and it is vital that an expert is found. The following list of questions might help you in deciding who to instruct.
• Who is going to be responsible for handling your case? It is essential that you know who is running your case. It is not essential that a solicitor works on your claim (it may be a paralegal or a legal executive) but it is essential that they report to one. Claims assessors are not solicitors, they are unregulated providing little if any consumer protection.
• Will they visit you at home or in hospital at a time convenient to you?
• Are they a member of APIL and any other specialist legal panels?
• How many cases of this particular type has the lawyer worked on in the last two years?
• What is your solicitor's success rate for winning cases in the last two years?
• How many cases does your lawyer work on at any one time?
The best lawyers are no better than average if they don't have the necessary time to work on your case.
Make sure you are happy with the answers your lawyer gives you. If you are unhappy with the answers given, shop around for a lawyer you are happy with.
About this leaflet
This information was compiled by Bond Pearce LLP. It is intended as a brief introduction. It is not to be considered to be a precise statement of the law and must not be relied upon in making any decisions about a claim. Legal advice should always be sought.
For more information please contact:
Bond Pearce LLP
Offices: Throughout the South West including Exeter, Plymouth and Bristol – London and Southampton.
Telephone: Freephone helpline 0800 915 4650.
Website: www.bondpearcepersonalinjury.co.uk