I have been told that I do not need a solicitor for mesothelioma compensation claims. Is this right?
Question:
I have been told that I do not need a solicitor for mesothelioma compensation claims. Is this right?
Answer:
The advice you have been given about using a solicitor for mesothelioma compensation claim is indeed correct in theory according to the information published on the Injuries Board Ireland´s web site, as a claim for mesothelioma compensation is made against an employer or former employer as any work-related injury claim would be.
However, in practice, many employers who were responsible for exposing their workers to asbestos fibres and asbestos dust are no longer in business, and you would need to trace your former employer´s liability insurance company before you were able to submit an application to the Injuries Board Ireland for assessment of your mesothelioma compensation claim.
Once you had done that, should the insurance company deny liability for their former client´s negligence, you would be issued with an “Authorisation” to pursue your claim in court – an action that would require the services of a solicitor for mesothelioma compensation to file your claim for and litigate on your behalf in court.
If the insurance company accepts liability for your claim for mesothelioma compensation, the Injuries Board Ireland will proceed with the assessment of your mesothelioma compensation claim and advise you with a “Notice of Assessment” of how much compensation for mesothelioma they believe you should receive.
Without a solicitor for mesothelioma compensation advising you whether the assessment is adequate for your needs, it is unlikely that you will know whether to accept the assessment or not. Furthermore, should the insurance company think the assessment is too high, they will reject it and you will be issued with an “Authorisation” to pursue your claim in court – for which you will need a mesothelioma compensation solicitor.
Therefore, using a solicitor for mesothelioma compensation claims is advisable if not ultimately necessary. A mesothelioma compensation solicitor can trace your former employer´s insurers for you, assist you with the application for assessment to the Injuries Board Ireland to ensure that you claim every aspect of mesothelioma compensation to which you are entitled, and – while the Injuries Board Ireland are still assessing your claim for mesothelioma compensation – make a direct approach to the insurance company to negotiate a settlement of mesothelioma compensation.
There is nothing to stop you from making a claim for mesothelioma compensation independently, but the advantages of using a solicitor for mesothelioma compensation claims are clear to see.
