Asbestos related claims

Historical perspective
Asbestos is a naturally occurring mineral, though until the late 19th century, was not used to any degree in commercial processes.

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A description of the medical condition
Before going on to describe the various medical conditions that can arise as a consequence of asbestos exposure, it is worthwhile identifying the types of asbestos, their main uses and their ‘attributes’.

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Medical causation issues
The vast majority of asbestos related conditions you will encounter will be accompanied by a medical report from a Chest Physician well versed in asbestos diseases.

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Date of knowledge
The dangers of asbestos have been known since early in the 20th century. A date of knowledge defence is unlikely to succeed in the vast majority of asbestos cases, particularly those involving heavy exposure to asbestos.

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Regulations and Statutes
Regulations and Statutes

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Breach of statutory duty
In acting for Defendants, you will be faced with allegations of (often) heavy exposure to asbestos from many sources.

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Limitation
Experience shows that Judicial sympathy abounds in plentiful supplies where claimants pursuing asbestos related claims face limitation arguments.

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Liability for low level asbestos exposure
Three recent decisions have considered low level exposure to asbestos and the subsequent development of mesothelioma.

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Quantum
Mesothelioma, lung cancer and asbestosis are the most serious of these. Mesothelioma is typically of shorter duration than either of the other two and often proves fatal within a matter of months from first diagnosis.

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Apportionment and contributions
Exposure to asbestos generally takes place over a number of years, often involving different employers and insurers.

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Further reading

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For more information about disease-i please get in touch with Lorna White.

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