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Publicity prior to claim

PostPosted: Thu Feb 04, 2016 6:02 am
by tph
Can publicising an incident prior to making a compensation claim for personal injury affect the chances of winning a claim or the likley amount to be awarded?

Re: Publicity prior to claim

PostPosted: Thu Feb 04, 2016 8:04 am
by atticus
The effect is unknowable.

This ought not to affect the damages award. But consider whether it may harden attitude towards settlement.

Re: Publicity prior to claim

PostPosted: Thu Feb 04, 2016 9:21 am
by tph
The issue is where an individual has suffered a life changing illness as a result of being exposed to asbestos. At the time a number of other people were exposed to the hazard but may not be aware of it.

Re: Publicity prior to claim

PostPosted: Thu Feb 04, 2016 9:25 am
by atticus
You have just raised a new question not present in the first, of notifying possible claimants.

I am not aware that there is a claim merely for being exposed to asbestos*. If you get mesothelioma or another asbestos related disease, then yes, there is a claim.

* "Damage" is an essential ingredient of a claim. No damage, no liability. Remember the tort lawyer's checklist: duty; breach; causation; damage.

Re: Publicity prior to claim

PostPosted: Thu Feb 04, 2016 3:49 pm
by dls
Agreed subject to a qualification that mesothelioma claims have been brought where there has been both asbestos exposure, and there are signs that mesothelioma is likely to follow. If I remember right it got as far as the Supreme Court.

Re: Publicity prior to claim

PostPosted: Thu Feb 04, 2016 7:53 pm
by tph
Sorry, I was not clear in my post. There was exposure to asbestos and medical reports which show asbestos within the individuals lungs.

The reason for the asking about publicity is the exposure occurred in a primary school.

Re: Publicity prior to claim

PostPosted: Thu Feb 04, 2016 8:07 pm
by atticus
With 20/20 hindsight, the stories about asbestos in Armley in Leeds are hoorendous. The liabilities brought down the entire group of comoanies which had some years later acquired the asbestos manufacturing company.