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. The Law Society (telephone number:0870 606 2555), in London, has a list of specialist solicitors, as do various victims of asbestos support groups (for example OEDA and Clydeside Action on Asbestos). 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?
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