Legal

Claiming Compensation for Asbestos-Related Cancer from Secondary Exposure

Families affected by secondary exposure to asbestos may be entitled to compensation for medical expenses, pain and suffering, loss of income, and funeral costs.

29 Jul 2024

Team name
Martyn Trenerry

Martyn Trenerry

The Daily Mail reported on 3rd July 2024, a claim brought by Jeff Davies under the headline “Mother-of-three died of cancer after washing engineer husband’s asbestos tainted overalls – ten years after losing him to the same illness”.

Asbestos-related cancer, such as mesothelioma, is commonly associated with direct exposure to asbestos in industrial settings. However, secondary exposure, particularly through contact with a loved one’s contaminated clothing, is increasingly recognised as a significant risk factor.

This type of exposure occurs when individuals come into contact with asbestos fibres carried home on the work clothes of family members who were directly exposed in their workplace. Secondary exposure claims are complex, but they have gained legal recognition due to the severe impact on the health of those indirectly affected.

The most aggressive form of cancer related to asbestos exposure is mesothelioma. This fatal disease has a strong link to asbestos fibres. Even minimal exposure can lead to the development of this cancer decades later.

To pursue a compensation claim for death due to asbestos-related cancer from secondary exposure, it is essential to establish the link between the disease and the asbestos fibres brought home on work clothing.

Key elements in such claims include:

  1. Medical evidence.
  2. Detailed medical records and expert evidence linking the disease to asbestos exposure.
  3. Previous workplace history will help to document the primary source of asbestos exposure. Typically, the workplace of the family member who brought the fibres home.

M&P Commentary

Martyn Trenerry, Member, Solicitor, and specialist in Personal Injury, said:

“Engaging a lawyer who understands asbestos-related cases will help to navigate the legal complexities and ensure that all necessary evidence is collected and presented.

Claiming compensation not only provides financial relief but also serves as a critical acknowledgment of the suffering caused by asbestos exposure.”

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