Asbestos Compensation Time Limits
As with most personal injury claims, you have three years from the date you were diagnosed with an asbestos related condition to claim compensation.
With asbestos diseases it can sometimes be quite difficult to assess when the time limit begins to run from.
If you started feeling unwell with breathlessness, pain or you were investigated for asbestos related disease and were told you had pleural plaques many years ago you may think that you are out of time, sometimes this is not the case.
On many occasions, Ashtons Legal has been able to seek the Courts discretion to allow a claim to proceed outside of the three-year limitation period.
We have also assisted sufferers of pleural plaques whose conditions have worsened and who have since been diagnosed with other asbestos diseases, including pleural thickening, asbestosis and mesothelioma where they are able to claim.
Many large firms are reluctant to take on claims outside of the three year limitation period, but Ashtons Legal prides itself on taking on risky cases and cases that other firms have previously turned down and we have since been successful in pursuing such claims.
Where a patient has been diagnosed with mesothelioma or an asbestos related disease the clock effectively starts to run from the date of the formal diagnosis or in some occasions date of knowledge which can be earlier or later.
Your solicitor will take a full occupational history of where you worked and a medical history to find out exactly when symptoms first began as this may be before or after a formal diagnosis.
It is important to contact a specialist asbestos solicitor for urgent advice when making a claim outside of the three year limitation period.
It is always worth investigating whether you have a claim whether or not you think you are out of time or not, even if you have accepted payment for pleural plaques.
As we work under a Conditional Fee Agreement (No Win No Fee) it is worthwhile investigating whether you have a claim for your peace of mind and for that of your family.
Do I have an asbestos disease?
We will send you a form of authority authorising access to your medical records and will obtain a copy of your medical records and clinic letter confirming your diagnosis if you are unsure you have an asbestos disease.
On many occasions we have acted for victims and their families where the patient was never formally told that they were suffering from an asbestos disease but instead the diagnosis was only communicated between the patient’s GP and hospital.
On other occasions it is only during Post Mortem after someone has died that it is established that the cause of death was an asbestos related disease. In this situation the time limit starts to run from the deceased’s date of death.
Benefit Claim Time Limits and DMPS
Please note that there are different time limits for diffuse mesothelioma payment scheme applications and other government benefit claims.
Please contact the asbestos team for information about making a claim and discussing time limits.