In Scotland, as soon as a person is diagnosed with an asbestos disease which they believe is related to exposure to asbestos during their employment, or elsewhere, they have three years from this date to make an asbestos related claim.
Any employer or organisation which negligently exposed anyone to asbestos and contributed to a sufferer’s asbestos related disease may be held accountable and their insurers may be legally responsible for paying compensation.
This is still true if the company is no longer in existence, as long as the solicitor can identify who the employer’s liability insurers were.
Pleural plaques claims
According to Scottish Law, if the sufferer does not claim within this 3-year period, they may be time-barred from bringing a pleural plaques claim forward - or any claim for any other asbestos related conditions that develop, even if they are more serious.
Around 200 people in Scotland are diagnosed with mesothelioma every year, an asbestos-related cancer that is caused by exposure to asbestos dust.
Like asbestosis, it can be many years (up to 40 years in some cases) between a person being exposed to asbestos and their symptoms developing.
We understand that making a mesothelioma compensation claim may be the last thing on your mind. However, if you have been exposed to asbestos and developed mesothelioma as a result, you are entitled to compensation in Scotland.
Family’s right to claim
In situations where the asbestos disease victim has passed away, it may still be possible to pursue a claim for compensation.
Immediate family are entitled to pursue a claim in Scotland and this includes partner, parents, children, siblings and grandchildren.
Funding a claim
In Scotland, many asbestos related claims are funded through no win no fee agreements. This means that if the case is not successful, clients tend not to pay any expenses such as legal fees, costs for expert engineering and medical evidence and so on.
If the case does succeed, clients tend to pay a small success fee. The big advantage of these arrangements is there is no financial risk to the client as they won’t need to pay a penny in the event that the case is not successful.
If you are diagnosed with an asbestos related condition, it is important that you seek legal advice as soon as possible.
For more information or advice please call us or fill in the brief form below and we will contact you.