Do I have to go to court if I want to make mesothelioma compensation claims against a former employer?
Question:
Do I have to go to court if I want to make mesothelioma compensation claims against a former employer?
Answer:
It is not usual for mesothelioma compensation claims to be resolved in court unless your former employer´s insurance company denies their client´s negligence in exposing you to asbestos or the insurance company disputes how much compensation for mesothelioma you are claiming.
Usually a solicitor acting your behalf would construct the strongest possible claim for mesothelioma cancer which would demonstrate – through the testimony of former colleagues and any trade unions you were a member of – that the environment in which you worked “on the balance of probabilities” contained asbestos fibres or asbestos dust. This would be a breach in your former employer´s duty of care and would make you eligible to make mesothelioma compensation claims.
With sufficient proof of negligence and/or evidence that other mesothelioma compensation claims have been made against your former employer, it is unlikely that an insurance company would deny their client´s liability for your illness and agree to settle out of court. Only if no agreement can be reached regarding how much compensation for mesothelioma you are entitled to will a judge have to determine the outcome of your mesothelioma compensation claim.
Before mesothelioma compensation claims get to the negotiating stage, you will have to apply to the Injuries Board Ireland for an assessment of your claim. It is usually the case that your former employer´s insurance company deny liability for your illness, but it is best to have the application for assessment completed as comprehensively as possible. If there have been previous mesothelioma compensation claims made against your former employer, and the insurance company admits liability, the Injuries Board Ireland will calculate your claim for mesothelioma compensation and issue you with a “Notice of Assessment”.
If you and your former employer´s insurers accept the Injuries Board assessment, the insurance company will send you a cheque. If either you or the insurance company reject the assessment, you will be sent an “Authorisation” to pursue your claim for mesothelioma compensation through the courts. You cannot file mesothelioma compensation claims with a court until you have the “Authorisation”, so it is important that an application for assessment is made to the Injuries Board Ireland.
At the same, rather than waiting for the Injuries Board Ireland to complete their assessment, a solicitor acting on your behalf can approach the insurance company directly and try to negotiate a settlement of mesothelioma compensation. This route of making mesothelioma compensation claims often results in you receiving your full entitlement of mesothelioma compensation before the Injuries Board completes their assessment – a time difference which can be vital if you are in an advanced stage of your illness.
As it is always in your best interests to have a solicitor help you with the Injuries Board Ireland´s application for assessment, you should speak with a solicitor at the earliest practical opportunity to get expert legal advice about your application and also to discuss the possibility of making a separate approach to your former employer´s insurance company with a claim for mesothelioma compensation.
