Mesothelioma-Commonly Asked Legal Questions
I have been diagnosed with mesothelioma. Should I see a solicitor?
Yes, if at all possible, as medical experts estimate that approximately 95% of all mesothelioma cases are caused by exposure to asbestos (usually in the workplace) and, more often than not, someone else (be it an employer,factory owner, or asbestos manufacturer) is to blame. Often people say" but, no one knew of the risks in those days; it was so long ago", and put off the idea of taking legal advice, assuming nothing can be done. In actual fact, more often than not, there is a legal remedy, even if an employer has apparently ceased to exist. Therefore, it is unsafe to assume that no legal action can be taken.
-Do I need to see a solicitor right away?
Depending on the treatment you are receiving and how you are feeling, it is wise to take legal advice as soon as you possibly can as there are time limits for all personal injury claims. As a general rule a court action("proceedings") must be started within 3 years of the diagnosis (or from the time you first suspected that you are suffering from an asbestos related disease). Although the Court has a discretion to set aside the 3 year"limitation period" (as it is called), technically your claim would be time barred if you did not issue proceedings within the 3 years. In any event,given the poor prognosis, most people do not want to delay taking legal action. Since the civil justice system was reformed in 1999, claims do not tend to take as long as they did, but it is still possible to have a claim "expedited", if the medical evidence suggests that someone's life expectancy is very limited.
-Can I seek the services of any solicitor?
Most solicitors now tend to specialise; the days of the "general practitioner"are numbered. Even so, regrettably, some solicitors who are not experienced in this particular field do take on mesothelioma claims and that can have unfortunate consequences, especially as most employers' liability insurance companies (on the other side) instruct specialist firms to defend such claims. In that situation, it would not be a level playing field.Therefore, it is always sensible to seek out a solicitor who specialises in asbestos related disease litigation. Before instructing a solicitor, it is always worth asking about his/her qualifications and track record. For example, are they members of the Law Society's Personal Injury Panel and/or the College of Personal Injury Law (CPIL). How many asbestos related disease cases have they successfully concluded within the last 3 years? Is the person you are dealing with a qualified solicitor?
-How much will it cost me ?
Although Legal Aid is now rarely available for personal injury claims, the 3 main funding options are:
• Conditional Fee ("no win: no fee") Agreement {contigency arrangement}
• Trade Union funding
• Legal expenses insurance
As a consequence of changes introduced by the Access to Justice Act 2000, pursuing a personal injury compensation claim should not cost you a lot of money. Most (good) solicitors offer a free initial interview, even if a home visit is required (as is often the case). The solicitor should then discuss the various funding options at the outset, before any claim is intimated. If you are in a trade union/professional association, or have legal expenses insurance cover, then you may not have anything to pay, subject to the terms of the union agreement, or legal expenses insurance policy.
If your solicitor is prepared to take the case on a "no win: no fee" basis, then you may have to pay a one off insurance premium (which is recoverable in the event of a successful claim). However, the insurance cover will protect you against the risk of having to pay the other side's costs in the event that the claim is lost or discontinued (provided court proceedings have been started). If you are successful, then the opposing party/insurance company will pay the claimant's basic legal costs and also a "success fee" in addition.
Following the introduction of the new rules,relating to costs, claimants are now in a much better position than they were and you may not have to pay anything at all if the solicitor operates a "no cost to you" policy. However, be aware that some firms/organizations offering "no cost" policies/deals may not necessarily have the relevant expertise, as they mainly deal with "fast track" (low value) personal injury claims. Industrial disease claims are complex and require skillful handling. [*This is the lawyers reward for taking the case on and facing the possibility that he/she will not be paid anything at all if the case is lost]
-I have not received a definitive diagnosis, but I have been told that I probably have mesothelioma, should I seek the services of an attorney even though the diagnosis is not 100% confirmed?
This cancer is a very difficult disease to diagnose accurately as most of its usual symptoms also occur in a lot of other common lung and abdominal diseases. Doctors are sometimes not 100% certain even when they have a strong clinical diagnosis. Legal claims for damages can be proven on the balance of probabilities {that is more likely than not}, so if there is a strong probability medically that you have mesothelioma, you should seek the services of a solicitor who will investigate your claim. The limitation period in most places start from the time there is a reasonable suspicion of asbestos related disease and not from when a 100% confirmed diagnosis is made, so it very wise to seek for legal representation quickly and your attorney will advise you on the necessary steps to take.
(ArticlesBase SC #1112338)
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,mesothelioma victim
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