Why injury claims are referred to our solicitors - Tilly Bailey & Irvine
Tilly Bailey & Irvine Solicitors had a surprising discussion with a client who attended its Hartlepool offices with an enquiry as to whether or not compensation could be recovered for his condition.
Clients have often been referred to our personal injury and negligence solicitors due to the complexity of the cases.
Different illnesses and injuries required specialists to assist with legal implications that follow, and that is where having a law firm with over 175 years experience and trust in these matters gives clients the reliability factor they need to know they will get the tight result.
In this case, it was no different. The client’s cases centred on his condition, pleural thickening. The matter was referred to solicitor Mark Ellis, a specialist in industrial injury claims at the firm with experience dating back 30 years.
The client had come having been advised by another firm of local solicitors that pleural thickening was a non-compensatable asbestos injury and a claim could not be pursued. This was wrong. It is indeed eligible for compensation.
Upon further investigation it became apparent that the previous firm had wrongly advised the individual and mistaken the condition for pleural plaques. Both of these are asbestos related injuries but one is compensatable and the other is not so. This demonstrated the need to seek specialist advice and in this case, the earlier solicitor did not have the requisite specialist knowledge for these claims.
Claiming compensation for asbestos related injuries can be complicated and it is vital that victims of exposure understand their rights, including when they can and cannot claim compensation. This is true especially of pleural plaques sufferers and those who have conditions other than pleural plaques, i.e. pleural thickening, lung cancer, mesothelioma, etc.
Pleural plaques sufferers were able to recover compensation in the past; however, the Law changed following a House of Lords decision in 2007 that ended the right to claim for compensation (it is still possible to claim in Scotland).
You cannot claim compensation if you have developed pleural plaques following asbestos exposure in England and Wales; however, if you develop a different condition such as those mentioned above, you may be able to claim damages.
These issues, as well as trips, asbestos-related illnesses, road traffic accidents, medical or clinical negligence and more are all issues that need knowledge and specialist help on your side.
We at Tilly Bailey & Irvine Solicitors across the North East have a wealth of experience dealing with such claims both locally and nationally. If you have any concerns or queries, please contact our Hartlepool or Stockton offices on 01429 350062 and we will discuss and assist your claim.