We are used to seeing clients who are frustrated because someone has failed to deliver their part of an agreement. In many cases, this can be very distressing and inconvenient. If this happens, what can be done about it?
When a person had an accident due to no fault of their own and suffered a personal injury as a direct result of that accident, they may decide to pursue a claim for personal injury against the negligent party, the defendant.
Monetary compensation exists to put claimants back in the position they would have been had their accident not taken place.
An interesting case has been decided in the Court of Appeal that reinforces the fundamental principle that, when it comes to an award for damages, the Claimant is entitled to be put back into the position they would have been (as far as possible) had the negligence not occurred.
Most people given the diagnosis of malignant mesothelioma will never have heard of this aggressive condition before, yet more people in the UK die from this disease than are killed on the roads. What is mesothelioma cancer?
In order to claim compensation we have to be able to show that you were negligently exposed to asbestos fibres and that this exposure has caused your asbestos disease. Usually this occurs through occupational exposure to asbestos many decades earlier but it is still possible to claim even if the company is no longer in existence provided that we can trace their insurers. There is even a compensation scheme for those cases where the company has ceased trading and the insurers cannot be traced.