Asbestos Related Lung Cancer Claims | ™
Or call free on:
0800 234 6438
We take your data seriously. See our privacy policy & terms.
By submitting this form you agree to be contacted by our partners.

Asbestos Related Lung Cancer Claims

Asbestos was one of the most commonly used materials in the construction industry, but we now know its many dangers. If you’ve been diagnosed with lung cancer as a result of asbestos exposure, you could be entitled to compensation.

The first step in any claim is to get free legal advice by calling 0800 234 6438 or filling out the online form. You’ll receive expert support from a specialist, who will connect you with a no win no fee solicitor, and they’ll help you claim compensation.

Who can make an asbestos lung cancer claim?

Asbestos-related diseases can have a significant impact on your life expectancy while also impacting your ability to work. Lung cancer is one of the more severe conditions, and you can claim compensation if you were exposed to asbestos.

Whether you lived or worked in a building with asbestos or your employer neglected to protect you from its hazards, claiming compensation can offer some much-needed financial support.

As many businesses that used asbestos no-longer exist, it can be challenging to prove negligence, but the right solicitors will guide you through the process and ensure you get the compensation you deserve.

What is asbestos-related lung cancer?

While most cases of lung cancer occur due to smoking, asbestos exposure can also be a contributory factor.

Research from the Health and Safety Executive (HSE) estimates there are 2500 lung cancer deaths due to asbestos exposure each year, but numbers continue to fall due to the 1999 ban on asbestos materials.

However, the condition can take up to 35 years to develop, which means people who worked in construction or were exposed to asbestos are still at risk.

There are two types of lung cancer from asbestos exposure: 

  • SCLC: Small cell lung cancer typically begins in the bronchi (air passages) and is made of smaller cells – hence the name. Its quick growth often means SMLC is responsive to chemotherapy.
  • NSCLC: Non-small cell lung cancer is the more common form, and it has numerous sub-types, including large cell carcinoma and adenocarcinoma. These cancers are often less responsive to treatment.

How do lung cancer and mesothelioma differ?

While many people confuse the two conditions, mesothelioma and lung cancer are different. Mesothelioma is a form of cancer, but it affects the lining of the lungs instead of developing inside the lung.

Both are serious and often fatal, but asbestos-related lung cancer accounts for more deaths than mesothelioma (BMJ).

What are the causes of asbestos-related lung cancer?

When a person inhales asbestos, the fibres can lodge in the lungs, which causes damage, inflammation, and lung cancer. Unfortunately, the latency period between asbestos exposure and developing lung cancer can last decades, making it hard to pinpoint the exact cause.

Work-related lung cancer

The more exposed someone is to asbestos, the higher their risk of lung cancer. People who work in construction, manufacturing and oil refineries are most likely to develop the condition. Other high-risk jobs include mechanics and insulators.

It’s also important to remember that construction professionals can still be at risk today when working on old buildings.

General exposure

Asbestos was also common in schools and other buildings, putting occupants at risk. For example, over 288 teachers passed away from asbestos-related diseases between 1980 and today, highlighting the issues with exposure (University and College Union).

If you receive a lung cancer diagnosis, your employment history will often reveal whether asbestos was the cause.

The impact of asbestos-related lung cancer

It goes without saying that lung cancer caused by asbestos has a devastating impact on a person’s life, with the condition resulting in symptoms that include:

  • Problems breathing
  • Coughing
  • Chest pain
  • Extreme fatigue
  • Hoarseness
  • Coughing up blood

While some people survive for years after their initial diagnosis, the median life expectancy for lung cancer is nine months.

How can I make an asbestos lung cancer claim?

To make an asbestos lung cancer claim, you’ll need to prove negligence from a previous employer or building owner, depending on how you were exposed to the fibres. If you’re the spouse or child of someone who passed away due to the condition, you can also claim on their behalf.

However, it depends on whether you’re eligible to file for compensation and whether there’s enough evidence to confirm negligent exposure.

Before contacting a solicitor, it’s best to seek free legal advice by calling 0800 234 6438 or using the online form to receive a callback.

Making asbestos-related lung cancer claims on a no win no fee basis

Dealing with the expenses associated with lung cancer can be challenging, and that’s why many people claim on a no win no fee basis. Traditional solicitors charge an hourly fee, meaning you’re paying for their time without guaranteeing that they’ll win the case for you.

In contrast, conditional fee agreements mean you don’t pay a thing unless the solicitor wins the case. There are no risks associated with no win no fee claims, protecting you from financial losses.

What will happen when I make a claim?

If you’re eligible to claim compensation, your solicitor will discuss your condition and how it occurred before looking at how much money you could receive.

The key to any asbestos-related lung cancer claim is proving negligence, which can be challenging considering many claims take place decades after the initial exposure. However, specialist asbestos disease solicitors are highly skilled in these cases and will work to secure a payment.

Putting a case together

Once your solicitor learns more about your condition, they’ll put a case together that outlines the degree of negligence and details your injuries. The negligent party’s insurance provider will also want to verify your injuries and may ask you to attend a medical assessment.

Negotiating an amount

The negotiation stage of any compensation claim can be complex, as both parties need to agree on a payment. Your lawyer will update you throughout the process, including discussing any offers.

Naturally, the insurance company might try to reduce your compensation amount, but the solicitor will advise on the best course of action.

Though rare, some cases go to court, which can draw the process out. However, it can be a good idea if you want the maximum compensation.

Settling the claim

Once both parties agree on a final amount, your solicitor will take their pre-agreed fee out of the award, and you’ll receive the rest of the money.

Whether you replace financial losses, pay for private treatments or anything else, compensation can give you some much-needed support, making it a worthy pathway to explore.

Do asbestos disease compensation claims require evidence?

Asbestos-related lung cancer claims do require evidence because the negligent party’s insurance provider will want to verify asbestos exposure as the leading cause. When you receive a diagnosis, your specialist will review the cause of your lung cancer through various tests.

If you show the following symptoms, your specialist will confirm asbestos as the cause:

  • Asbestosis
  • Pleural plaques (thick tissue in the lung lining)
  • Asbestos fibres

Proving negligence

Shockingly, the link between asbestos dust and cancer was first published in 1924, but measures taken didn’t protect workers enough (NIH). Construction companies and factories continued manufacturing and using asbestos until 1999, with many employers understanding the potential risks.

Proving asbestos exposure is critical to securing compensation, regardless of whether you used it as part of your job or inhaled fibres from being in a building.

Your solicitor will gather evidence to prove asbestos led you to develop lung cancer, which will give you a good chance of receiving compensation.

What are the average asbestos-related lung cancer compensation payouts?

Lung cancers impact people differently, and the amount you receive for asbestos-related lung cancer depends on your prognosis. While SCLC is the rarer form of asbestos lung cancer, it’s also more responsive to treatment.

However, both SCLC and NSCLC have low survival rates, which means your solicitor will factor in the financial losses for your next of kin and the degree of negligence.

The average lung cancer asbestos claim is usually between £70,030 and £90,330, depending on general and special damages:

  • General Damages: These damages usually refer to your diagnosis and the pain and suffering the condition causes.
  • Special Damages: Anything including expenses related to your condition, including medical costs, travel expenses and anything else.

The best way to determine your compensation amount is by contacting your solicitor. They’ll be able to review your case and give you a realistic figure.

Claim for lung cancer related to asbestos exposure today

Asbestos-related lung cancer can have a devastating impact on your life, but that doesn’t mean you shouldn’t hold those negligent responsible. The claims process can be daunting, but specialist asbestos disease solicitors will support you through each stage.

Please feel free to discover your eligibility for compensation by filling out the online form or calling 0800 234 6438 today. A legal advisor will discuss your illness and connect you with a no win no fee solicitor.

Commonly Asked Questions

Can I claim compensation for asbestos-related lung cancer if I smoked?

Smoking can increase your risk of lung cancer, but heavy asbestos exposure is the key to proving negligence. Simply put, as long as your medical assessment shows signs of exposure, it doesn’t matter if you smoked, as the link is already there.

Can I make an asbestos-related lung cancer claim for a family member who’s passed away?

In most cases, yes – depending on your eligibility. For example, the spouse of a person with an asbestos-related illness can usually claim, but it might also be a child. The best way to see if you can make a claim is by seeking free legal advice on 0800 234 6438.

Asbestos solicitors can help eligible family members make a claim, depending on the best course of action.

What are the time limits for making an asbestos cancer claim?

As lung cancer and other asbestos-related diseases can take years to appear, the time limit is three years from the initial diagnosis. The average life expectancy is nine months, so it’s best to make a claim immediately.

Of course, an eligible next of kin can also claim compensation for a family member who’s no longer around.

Is there additional financial support available?

If you worked in an industry that exposed you to asbestos, you could claim Industrial Injuries Disablement Benefit, which is a tax-free, weekly amount. The money you receive depends on the extent of your disability, but it can be a lifeline when you’re unable to work.

The government website can help you determine your eligibility and apply for the benefit.

How will my compensation be paid?

The negligent party could offer lump sum payments or incremental amounts depending on how much compensation you receive. Obviously, securing maximum compensation will be your solicitor’s main priority, and they’ll discuss options with you.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.