Asbestos compensation ought to be relatively easy to get as it is now generally accepted that almost all sufferers of the disease mesothelioma worked with asbestos earlier in their lives.
The main problem is that some recent asbestos compensation claims have not been successful because the insurance companies were able to prove in court that the sufferer did not suffer any illness whilst they were working within that particular company at that time.
Mesothelioma as a disease often does not develop for up to 20 years after a sufferer was originally exposed to asbestos. This seems to be a huge stumbling block for mesothelioma lawyers and solicitors because asbestos compensation will normally be paid by reluctant insurance companies; payments can often amount to many thousands of pounds.
Often, insurance companies will reject an initial asbestos compensation claim and the solicitor acting for the sufferer might have to prove their case in a court of law.
Once a condition is diagnosed it is important to start any asbestos claim within three years. This is important in the eyes of the law because the legal system recognises that claims after this time might be seen to be trivial or the claimant acted irresponsibly or with no real cause.
The process can be very long winded and at times frustrating especially if the original employer has gone out of business or the insurance company has ceased trading. There are ways around these problems and asbestos lawyers dealing with mesothelioma cases will work hard to track down ways of receiving financial help for sufferers.
There are so many considerations when thinking about an asbestos compensation claim. You might be asked to decide how you would like your payment to be made should you ultimately win your claim.
This is often a very difficult decision. Some asbestos diseases are not terminal when the original claim is made and sufferers might have to make a decision on whether to take a lower payout with the option of being able to make another claim later on if a condition gets worse.
Some people might prefer to settle completely and take the whole amount immediately with no come back at some later date if the sufferer’s condition gets worse.
Another consideration might be whether to receive payment as a monthly payment or some other form of instalment system. If a sufferer is already receiving invalidity benefit or disability living allowance considerations would need to be made on the effect of any lump sums received.
Would the lump sum have any effect on any existing claims; some claims are means tested so it might be that a lump sum would stop benefits to the claimant.
There is no difinitive answer here but asbestos compensation should be made and the process should be dealt with by a specialist mesothelioma lawyer or asbestos compensation solicitor. Some offer a no win no fee service so it is important to check your potential lawyer properly.