Asbestos Related Lung Cancer Claims

Asbestos-related diseases can have a significant impact on your life expectancy while also impacting your ability to work. Lung cancer is one of the more severe conditions, and you can claim compensation if you were exposed to asbestos.

Whether you lived or worked in a building with asbestos or your employer neglected to protect you from its hazards, claiming compensation can offer some much-needed financial support.

As many businesses that used asbestos no-longer exist, it can be challenging to prove negligence, but the right solicitors will guide you through the process and ensure you get the compensation you deserve.

While most cases of lung cancer occur due to smoking, asbestos exposure can also be a contributory factor.

Research from the Health and Safety Executive (HSE) estimates there are 2500 lung cancer deaths due to asbestos exposure each year, but numbers continue to fall due to the 1999 ban on asbestos materials.

However, the condition can take up to 35 years to develop, which means people who worked in construction or were exposed to asbestos are still at risk.

There are two types of lung cancer from asbestos exposure: 

• SCLC: Small cell lung cancer typically begins in the bronchi (air passages) and is made of smaller cells – hence the name. Its quick growth often means SMLC is responsive to chemotherapy.
• NSCLC: Non-small cell lung cancer is the more common form, and it has numerous sub-types, including large cell carcinoma and adenocarcinoma. These cancers are often less responsive to treatment.

While many people confuse the two conditions, mesothelioma and lung cancer are different. Mesothelioma is a form of cancer, but it affects the lining of the lungs instead of developing inside the lung.

Both are serious and often fatal, but asbestos-related lung cancer accounts for more deaths than mesothelioma (BMJ).

When a person inhales asbestos, the fibres can lodge in the lungs, which causes damage, inflammation, and lung cancer. Unfortunately, the latency period between asbestos exposure and developing lung cancer can last decades, making it hard to pinpoint the exact cause.

The more exposed someone is to asbestos, the higher their risk of lung cancer. People who work in construction, manufacturing and oil refineries are most likely to develop the condition. Other high-risk jobs include mechanics and insulators.

It’s also important to remember that construction professionals can still be at risk today when working on old buildings.

Asbestos was also common in schools and other buildings, putting occupants at risk. For example, over 288 teachers passed away from asbestos-related diseases between 1980 and today, highlighting the issues with exposure (University and College Union).

If you receive a lung cancer diagnosis, your employment history will often reveal whether asbestos was the cause.

It goes without saying that lung cancer caused by asbestos has a devastating impact on a person’s life, with the condition resulting in symptoms that include:

• Problems breathing
• Coughing
• Chest pain
• Extreme fatigue
• Hoarseness
• Coughing up blood

While some people survive for years after their initial diagnosis, the median life expectancy for lung cancer is nine months.

To make an asbestos lung cancer claim, you’ll need to prove negligence from a previous employer or building owner, depending on how you were exposed to the fibres. If you’re the spouse or child of someone who passed away due to the condition, you can also claim on their behalf.

However, it depends on whether you’re eligible to file for compensation and whether there’s enough evidence to confirm negligent exposure.

Before contacting a solicitor, it’s best to seek free legal advice by calling 0800 234 6438 or using the online form to receive a callback.

Dealing with the expenses associated with lung cancer can be challenging, and that’s why many people claim on a no win no fee basis. Traditional solicitors charge an hourly fee, meaning you’re paying for their time without guaranteeing that they’ll win the case for you.

In contrast, conditional fee agreements mean you don’t pay a thing unless the solicitor wins the case. There are no risks associated with no win no fee claims, protecting you from financial losses.

If you’re eligible to claim compensation, your solicitor will discuss your condition and how it occurred before looking at how much money you could receive.

The key to any asbestos-related lung cancer claim is proving negligence, which can be challenging considering many claims take place decades after the initial exposure. However, specialist asbestos disease solicitors are highly skilled in these cases and will work to secure a payment.

Once your solicitor learns more about your condition, they’ll put a case together that outlines the degree of negligence and details your injuries. The negligent party’s insurance provider will also want to verify your injuries and may ask you to attend a medical assessment.

The negotiation stage of any compensation claim can be complex, as both parties need to agree on a payment. Your lawyer will update you throughout the process, including discussing any offers.

Naturally, the insurance company might try to reduce your compensation amount, but the solicitor will advise on the best course of action.

Though rare, some cases go to court, which can draw the process out. However, it can be a good idea if you want the maximum compensation.

Once both parties agree on a final amount, your solicitor will take their pre-agreed fee out of the award, and you’ll receive the rest of the money.

Whether you replace financial losses, pay for private treatments or anything else, compensation can give you some much-needed support, making it a worthy pathway to explore.

Asbestos-related lung cancer claims do require evidence because the negligent party’s insurance provider will want to verify asbestos exposure as the leading cause. When you receive a diagnosis, your specialist will review the cause of your lung cancer through various tests.

If you show the following symptoms, your specialist will confirm asbestos as the cause:

• Asbestosis
• Pleural plaques (thick tissue in the lung lining)
• Asbestos fibres

Shockingly, the link between asbestos dust and cancer was first published in 1924, but measures taken didn’t protect workers enough (NIH). Construction companies and factories continued manufacturing and using asbestos until 1999, with many employers understanding the potential risks.

Proving asbestos exposure is critical to securing compensation, regardless of whether you used it as part of your job or inhaled fibres from being in a building.

Your solicitor will gather evidence to prove asbestos led you to develop lung cancer, which will give you a good chance of receiving compensation.

Lung cancers impact people differently, and the amount you receive for asbestos-related lung cancer depends on your prognosis. While SCLC is the rarer form of asbestos lung cancer, it’s also more responsive to treatment.

However, both SCLC and NSCLC have low survival rates, which means your solicitor will factor in the financial losses for your next of kin and the degree of negligence.

The average lung cancer asbestos claim is usually between £70,030 and £90,330, depending on general and special damages:

• General Damages: These damages usually refer to your diagnosis and the pain and suffering the condition causes.
• Special Damages: Anything including expenses related to your condition, including medical costs, travel expenses and anything else.

The best way to determine your compensation amount is by contacting your solicitor. They’ll be able to review your case and give you a realistic figure.

Asbestos-related lung cancer can have a devastating impact on your life, but that doesn’t mean you shouldn’t hold those negligent responsible. The claims process can be daunting, but specialist asbestos disease solicitors will support you through each stage.

Please feel free to discover your eligibility for compensation by filling out the online form or calling 0800 234 6438 today. A legal advisor will discuss your illness and connect you with a no win no fee solicitor.

Smoking can increase your risk of lung cancer, but heavy asbestos exposure is the key to proving negligence. Simply put, as long as your medical assessment shows signs of exposure, it doesn’t matter if you smoked, as the link is already there.

In most cases, yes – depending on your eligibility. For example, the spouse of a person with an asbestos-related illness can usually claim, but it might also be a child. The best way to see if you can make a claim is by seeking free legal advice on 0800 234 6438.

Asbestos solicitors can help eligible family members make a claim, depending on the best course of action.

As lung cancer and other asbestos-related diseases can take years to appear, the time limit is three years from the initial diagnosis. The average life expectancy is nine months, so it’s best to make a claim immediately.

Of course, an eligible next of kin can also claim compensation for a family member who’s no longer around.

If you worked in an industry that exposed you to asbestos, you could claim Industrial Injuries Disablement Benefit, which is a tax-free, weekly amount. The money you receive depends on the extent of your disability, but it can be a lifeline when you’re unable to work.

The government website can help you determine your eligibility and apply for the benefit.

The negligent party could offer lump sum payments or incremental amounts depending on how much compensation you receive. Obviously, securing maximum compensation will be your solicitor’s main priority, and they’ll discuss options with you.