Asbestos claims
Wednesday, October 29th, 2008Asbestos-related claims have recently been the subject of review the outcome of which has resulted in a significant change in the way such claims are dealt with by the Courts.
The decsion affects thousands of cases across England and Wales involving medical conditions caused by exposure to asbestos fibres -such as asbestosis, lung cancer and mesothelioma . Such illnesses are frequently initially detected by the presence of pleural plaques - a thickening of a membrane which surrounds the lungs.
These plaques do not, in themselves, cause illness but do indicate the presence of asbestos fibres which can lead to the onset of any one of the serious conditions mentioned .
The Courts have now decided that the presence of plaques alone does not justify an award.This is because a claimant has to be able to demonstate actual physical harm-the plaques themselves do not cause illness ; although they may lead to illness in the future that in itself in not sufficient to justify an award of compensation .
This is so even if the anxiety caused by the presence of such plaques causes a recognised psychiatric illness , such as depression.
Some commentators feel that the Court has been unduly harsh.It seems unlikely that the decision will be over-turned , however, and the alteration represents a significant shift in the Courts’ treatment of claims of this nature.
If you have a claim of this nature you should ensure that you obtain specialist legal advice
If you have a claim and are not sure how to proceed contact our experts in our Personal Injury department who will be pleased to assist and advise you upon the best course of action to take .

