There are time limits for making a claim for both government benefits and through the court system. The time limit generally for bringing court proceedings is within 3 years from when you were told about your asbestos related condition. If you are outside of this 3 year time limit then the courts have a discretion to still award you damages provided there is good reason for the delay.
If your former employer has gone out of business then you can still make a claim. We can undertake a process on your behalf to restore the company to the Register of Companies, which will technically bring the company back into being so it can be sued. The company will probably not have any money or assets but you can then claim compensation from the employer liability insurers of the company, who provided insurance cover at the time you were employed. There are many checks that we can do to locate the insurers of your former employers.
If you were diagnosed after July 2012 and we cannot find the company who insured your employers the government have outlined plans to award compensation to mesothelioma sufferers. We can help you with this application.
Large compensation payments can affect some benefits, but this can be prevented. It is important to note that if you are in receipt of certain means tested benefits then receiving any lump sum compensation may put you at risk of losing these benefits. You are able to preserve your benefits if you place your compensation in a personal injury trust. We will discuss this with you at the appropriate stage of your claim.
One last thing to note, do not become anxious or worried at instructing a solicitor. A good solicitor will always have your best interests in mind and will guide you through the whole process. It has always been very important to us that our clients do not suffer any further anxiety than they are already experiencing at this difficult time.