Chronic Bronchitis Compensation Claims
Chronic Bronchitis is an uncomfortable condition that is caused by inflammation of the bronchial tubes. This can cause mucus to develop within the bronchial tubes that will cause them to thin or narrow. This will then cause the sufferer to cough and wheeze daily for months at a time, resulting in a shortness of breath. The mucus that is produced can be some colours from yellow, green and even orange or pink and can be uncomfortable for the person who has been affected.
Got a question about Chronic Bronchitis?
- How much compensation can you claim for chronic bronchitis?
- Why Should I Claim For Chronic Bronchitis?
- How to tell the symptoms & how to get diagnosed?
- What Information Will I Be Expected To Disclose About My Disease?
- Where can I find out more information?
- How to make a claim for chronic bronchitis?
- How long until I can claim for chronic bronchitis?
- Chronic Bronchitis References
The amount of money you can claim for compensation varies widely depending on your medical condition. If the condition is very severe, then the compensation you can claim is much higher as compared to when the condition is not very severe. Apart from the severity of your medical condition the possibility of your condition progressing to levels more serious also increases the amount of compensation you can claim.
Usually, to find out the likely amount of compensation that you can claim, lawyers study previous cases which are similar to yours and find out how much they were compensated. Once these past compensations are determined, your compensations can be approximated. In addition to these past cases, the likely compensation that you may be given can also be found in the Judicial Studies Board Guidelines. These guidelines indicate the level of general damages awarded for the suffering and pain endured as a result of the condition.
Apart from the general damages, you are also entitled to be compensated for special damages. These include expenses incurred, financial losses and other quantifiable monetary claims like lost earnings, travel expenses to hospitals among others. Expenses likely to be incurred at a future date like further travels to hospitals and medical care are also included in the special damages compensation. In general, the total compensation ranges from £2,500- £30,000.
An example is the case of miners against British Coal in 1997. All the miners had severely suffered from over-exposure to elements within the coal working environment. These elements had caused them to have severe forms of chronic bronchitis. The court in London decided in their favour, and each received an average of £2,500.
Chronic Bronchitis over time turns into a debilitating disease. The known factors are caused by smoking or conditions at work such as air pollution, industrial chemicals & dust such as coal dust that can be inhaled. If you have worked in a factory, coal merchants, or employed in an arena where you did not have protective clothing or head protection while working in dusty or smoky conditions, then if you develop chronic bronchitis then you can make a claim.
Claiming compensation for Chronic Bronchitis means you are recuperating loss of earnings, subsidised living arrangements and medical care because this was not brought on purposely by yourself. Compensation means you can start to live comfortably knowing that you won’t be out of pocket for transport costs, medical expenses and medical treatment.
NARA are a charity who provide help, support and guidance to people, family and loved ones who have experienced living with Chronic Bronchitis.
Like many other respiratory problems like the main symptoms of chronic bronchitis are running nose, tiredness, and difficulties in breathing, wheezing and tight chest. Also, you are also likely to experience persistent coughs, cold, sore throat, headaches, pains, aches, chills, malaise and fever. Once you start experiencing these symptoms, it is recommended you seek immediate medical attention so that tested can be carried out and correct diagnosis made.
It is not always the case that you will experience these symptoms. There are cases where there might not be visible symptoms even though you might have the disease. It is, therefore, advisable that as soon as you get exposed to any substances that might cause the disease, you seek quick medical attention.
Your initial consultation is your first step towards free qualified legal help you deserve. We will ask you a stage of simple questions that will help guide you through the claims process. All of our claims are based on a ‘no win, no fee’ basis. Often people worry about making a claim against their employers but don’t realise that employers have insurance in place to cover such claims such as Chronic Bronchitis. The information you give us will allow us to assess your eligibility and give you an estimation of what you could be expected to achieve if your claim is successful.
There are many reliable sources you can get information from regarding chronic bronchitis and its compensation. The most reliable source of this information is a solicitor. He/she should preferably be one with experience in compensation for industrial diseases. The good thing is that many of them can easily be found online. You, therefore, do not need to stress yourself so much physically looking for them. In addition to the lawyers, you can also find the information in many reliable websites on the internet.
Once you have diagnosed with chronic bronchitis the first step of making a claim is to approach a lawyer preferably one with experience in industrial disease law. The length of which the claim is going to be processed depends on the complexity of the case. Simple cases usually take a fairly short time while more complex ones take longer times. In most cases, these complex cases involve a large number of defendants as opposed to simple cases where the defendants might just be one or two.
It is the lawyer who upon the assessment of your case will determine whether your claim is viable or not. Once the claim is found to be viable, the lawyers then start gathering all the relevant pieces of documentation that are needed in the courts to give weight to your case. These documents include medical records, statements from witnesses and the reports about the working conditions of your workplace. It is these documents that will make the lawyer determine whether you have a chance of winning compensation or not. If they deem your chances high then the claim if forwarded to the party that is guilty and the companies that insure them. If the guilty party does not accept to pay the claim, then the case proceeds to the courts. In most cases however the claims are usually settled out of court through negotiations.
The success of your claim to a large extent depends on the time limit within which the claim is made. There are usually very strict time limits within which the compensation claim has to be made. The law provides for three years that a claimant has to institute court proceedings for compensation claims. These three years are from the date the person became aware that they are suffering from the disease. This is usually the time they were diagnosed with the disease by a doctor or any other qualified health professional. The three-year time limit, however, does not apply to those persons unable to act as a result of mental illnesses or other causes as well as children.
It is, however, important to note that there are some few cases that may make a court accept to proceed with the claims even after the three-year limit has elapsed. For you to be granted this, however, you need to have very good and convincing reasons as to why you did not make the claims on time. If therefore you find yourself not having made a claim within the three-year limit, you do not need to give up on the case. It is important that you approach a lawyer who can then guide you on how to go about the whole issue. To avoid too much, however, it is advisable that you seek legal advice as soon as you realise that you are suffering from chronic bronchitis.
Call Tylers today on (freephone): 0800 699 0079 to see if you can make a claim today