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Until the government, the insurance industry and the legal system came to accept what many scientists had known for years, that exposure to asbestos causes fatal cancers, it was impossible for any affected worker to make an asbestos claim.
However, even once the scientific consensus of opinion became too hard to ignore, for a long time it was still difficult for workers, whether from the shipbuilding, electrical, education or carpentry professions to pursue damages.
Fortunately, now it is much easier for prospective claimants to launch an asbestos-related compensation claim, especially since the introduction of the 1999 Access to Justice Act enabled sufferers to be represented by no win, no fee solicitors.
Indeed, in recent years it has even been possible for claimants to pursue damages in cases where the liable employer has gone out of business, so long as their solicitors can trace the relevant liability insurer.
Other hurdles have been overcome too. For example, insurers defending the claims of people who'd suffered exposure in two or more workplaces used to try and evade liability by arguing that it could not be proved at which workplace the causal exposure had taken place. Nowadays, all claimants need prove is that exposure took place at one workplace, clearing the way for relatively expedient settlement in these cases.
Inevitably, this improvement in access to civil justice has been reflected in statistics. In 2010, the Actuarial Profession's UK Asbestos Working Party reported that the number of mesothelioma sufferers seeking compensation had nearly doubled between 2004 and 2008. Yet this does not mean that every eligible sufferer decides to pursue a claim; according to the organisation, only two-thirds of mesothelioma sufferers pursue litigation.
In addition, the working party tried to calculate what the total cost of asbestos-related litigation would be for the 41 years between 2009 and 2050; it came up with the mind-boggling figure of £11 billion.
Brian Gravelsons, chairman of UK Asbestos Working Party, commented, "Insurers will of course have already noticed the increased number of claims from mesothelioma sufferers, so these developments won't be a surprise to them. However, the working party's projections will provide the insurance industry with a consistent reference point to help it assess its asbestos liabilities.
"There is still considerable uncertainty surrounding the future cost of asbestos claims, as the number of people that will be diagnosed with mesothelioma many years into the future cannot be accurately predicted. The working party will continue to monitor the emerging experience and update its projections accordingly."
Claim asbestos compensation with leading solicitors
Asbestos-related diseases destroy lives, devastates families and can have a severe and lasting impact, even on future generations.
If you or a close family member has suffered an illness such as asbestosis or mesothelioma as a result of exposure to the deadly substance in the workplace, it may be possible for you to claim civil damages for pain, suffering, medical expenses and lost earnings.
Here at YouClaim we provide claimants and their families with the representation of the some of the UK's leading personal injury solicitors; all are drawn from firms governed by the Solicitors Regulation Authority.
Furthermore, we ensure that the asbestos claim process is risk free: we insulate the claimant from all possible costs, fees and disbursements.
To find out more about how we might be able to help you, consult an advisor on echat, complete an online claim form or phone us, on 0800 10 757 95.
