Asbestos Litigation

With deaths from asbestos related diseases expected to peak in the years 2011-2015, this new work provides timely guidance on handling all aspects of asbestos litigation.

It deals with all types of personal injury claims arising from all types of disease caused by asbestos, including mesothelioma, lung cancer, asbestosis, retroperitoneal fibrosis, pleural thickening, pleural plaques and asbestos induced pleurisy. All issues are covered from claimant’s, defendant’s and insurer’s perspectives, enabling practitioners to advise any party in an action.

• Explains the diagnosis, prognosis and treatment of the different diseases caused by asbestos
• Examines the duties concerning asbestos exposure and what constitutes breach at both common law and statutory levels
• Considers liability and how it can be proved
• Discusses the process of investigation and documentation from claimant, defendant and insurer perspectives
• Looks at funding for both claimant and defendant
• Sets out the procedural issues of witness statements, documentary evidence and instructing experts
• Goes through proceedings from issue and service to pleadings and trial
• Advises on case management
• Discusses damages from personal injury claims and fatal claims
• Explains how awards are enforced
• Covers claims in the UK for foreign exposure and foreign claims for UK exposure
• Discusses DSS and DWP social security entitlements