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Nov 20, 2009

Mesothelioma – Claims Process

 
 
 

In most instances you may have already been diagnosed or awaiting a diagnosis of mesothelioma by your consultant. It is important that you contact us immediately in order to commence investigations even if you think you do not have a claim.

This is only a very broad guide as mesothelioma cases are extremely time consuming and need almost daily work by a solicitor if a quick and meaning settlement is to be achieved. We have tried to set out a general picture of how we deal with most mesothelioma cases and the timescales involved.

Stage 1

  • A face-to-face meeting, with one of our solicitors, within 24 hours of contacting us.
  • We will obtain further evidence of your working past and exposure to asbestos.
  • We will ask you to sign some forms allowing us to act on your behalf.
  • We will request various documents to support your case.
  • We will complete the relevant documentation allowing you access to Government benefits.
  • If necessary we will liase with your local authority to see if we can arrange for you to be re-housed if your current property is inappropriate.
  • We will obtain a witness statement from you and any former colleagues we may trace
  • We will write to your former employer(s) or their insurer(s) advising them of the claim.

 

Stage 2

  • We will arrange for you to be seen by a consultant surgeon who will provide a written report confirming the diagnosis of mesothelioma.
  • We may instruct various other experts including a care expert, engineer and forensic accountant.
  • If the company does not exist we will take steps to reinstate them to companies house.
  • We will inform the insurers that we intend to commence court proceedings as soon as possible.

 

Stage 3

  • We will attempt to settle your claim without the need for court action however we will hope to expedite court action within 3 months of you instructing us.
  • Our main aim is to take the strain of the legal matters and allow you our client to concentrate on the various medical treatments you will have to undergo. We will keep you regularly updated but we will try where possible to keep our contact to a minimum.
  • In most cases we would hope to expedite the case and have a resolution within 6 months of the date of contact or diagnosis.
  • If no court action is needed and the defendants agree to compensate straightaway, it is not unusual for the case to be settled within 12-16 weeks, (Please see the testimonials and case studies).

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