Taking an asbestos case in ireland
Taking an asbestos case in ireland
TAKING AN ASBESTOS CASE IN IRELAND
By Jacqueline Harte
Asbestosis and mesothelioma are both diseases of the lungs caused by exposure to airborne asbestos. Of the two, mesothelioma is the more serious.
If you are thinking of suing somebody because you have been diagnosed with asbestosis or mesothelioma the following things are what you have to consider.
Do you have a strong case?
To bring an asbestos case you must have been diagnosed with either asbestosis or mesothelioma.
You must be within the time period allowed to bring a case - usually two years from the date when you were diagnosed. This is very important as judges are strict about enforcing this rule. If the two years are about to run out and you are considering legal action you should seek legal advice immediately. Don't delay. It may take a few months to issue a personal injuries summons.
Your illness must have been caused by the negligence of somebody, such as an employer.
It is also important to bear in mind that there is no point in winning a case against somebody who is unable to pay any compensation awarded to you.
Who Can Take an Asbestos case?
The person who has been diagnosed can take legal action. If that person has a spouse or close family member usually brings the case.
What Should you do if You or a Family Member has been Diagnosed with Asbestosis or Mesothelioma and you want to take a case?
Find a good solicitor. A good solicitor is one who has experience in successfully taking this kind of court case.
Most solicitors will give a free first consultation. It is a good idea to phone a number of solicitors' offices and don't be afraid to ask if they have successfully taken similar cases before.
Most solicitors will take cases like this on no win no fee basis. This means that their fees will be paid by the company or person being sued in addition to the compensation that has to be paid to you if you succeed.
Don't be afraid to ask the solicitor about fees and costs, and about who will pay for things like medical reports and whether they have to be paid for in advance, or at the end of the case. The solicitor will ask for details of your illness and your work history and will tell you if they think you have a strong case.
What Can you do Yourself?
Keep records of everything. Gather together as much documentation as you can about your exposure to asbestos. If you were exposed to asbestos in the workplace get all of your employment records together, and any literature you received from your employer.
Get contact details of any trade unions you were a member of or of unions that were active in your workplace.
Get contact details of any former colleagues who may be able to help with evidence of the kind of work you did or the conditions you worked in.
The Court Case
The average asbestosis or mesothelioma case takes around four years to complete.
The first stage of the case will consist of an exchange of documents between solicitors.
This will be followed by collection of evidence. This means that medical reports will have to be produced. If the victim is living, they will have to go for a medical examination. Your solicitor may arrange for an engineer to produce a report on the conditions at the site of the asbestos exposure. He may also arrange for an actuary to produce a report giving details of the loss of future earnings which will be suffered by the sick person and their family. He may also need to get a report on any special long term care that the victim may need.
The Court Hearing
Many asbestos cases are settled before the court hearing. The company being sued may settle before the court date or they may settle on the day of the hearing before the case is heard.
If it does not settle beforehand, the trial will take place in the High Court before a judge. There will be no jury. Most cases, if heard in full, will take place over two to three days. The judge will then decide whether compensation should be awarded and if so the amount of the award. If you win your case, the person you sued will have to pay your compensation as well as your legal fees.
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