Mesothelioma Compensation Solicitors

Mesothelioma is often considered the most devastating of the asbestos-related diseases

What is mesothelioma?

Mesothelioma is often considered the most devastating of the asbestos-related diseases as there is no cure, and few victims survive more than 18 months after diagnosis. Symptoms can include chest pain, shortness of breath and general fatigue.

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What are mesothelioma symptoms?

Mesothelioma symptoms can take 10 – 50 years to emerge after initial exposure to asbestos. Symptoms are often mistaken for less serious illnesses, which can complicate early diagnosis.

  • Common Symptoms can include:
  • Chest pain or abdominal pain
  • Shortness of breath
  • Fluid build up
  • Fatigue
  • Fever and night sweats
  • Weight loss

Around 80% of mesothelioma cases occur in men. This reflects the greater likelihood of men having worked with asbestos in heavy industry or the armed forces. In 2004–12, almost four times as many men as women had mesothelioma. Mesothelioma is mostly diagnosed in people aged over 70.

How much exposure to asbestos causes mesothelioma?

Asbestos causes most cases of pleural mesothelioma. This starts in the two sheets of tissue that cover your lungs called pleura. Being exposed to large amounts of asbestos for a long period of time increases your risk of mesothelioma. Many people with mesothelioma in the abdomen (peritoneal mesothelioma) have also been exposed to asbestos.

People who have worked in industries where asbestos was heavily used particularly in 1970s to 1990’s, are more at risk from asbestos exposure.

These industries may include:

  • Shipyards
  • Construction sites
  • Boiler and engine rooms
  • Hospitals
  • Power stations
  • Boiler makers
  • Glass factories

Asbestos-related diseases are not limited to workers but can also affect members of their families, who may have developed an asbestos-related disease or cancer as a result of being exposed to asbestos fibres on work clothes.

The time between exposure to asbestos and the occurrence of lung cancer is often 20 to 30 years or more but varies in every individual case. If the employer has gone out of business or is no longer operating, a claim for compensation can still be made against the insurance company which provided insurance at the time of the exposure.

How to make a mesothelioma claim?

To make a mesothelioma claim, you will need:

  • Medical records proving the diagnosis
  • Work history records showing you or your loved one worked for the company named in the claim
  • Testimony required to prove the cause of your asbestos exposure and the resulting cancer diagnosis
  • Financial records showing financial hardships the illness has caused your family

It’s important to get in touch with us if you want to make a mesothelioma compensation claim.

Asbestos disease compensation is claimed from the insurers of the company who caused the exposure to asbestos. Often these companies ceased to exist a long time ago but compensation would come from the insurers. Compensation awards to those suffering from mesothelioma or an asbestos related disease reflect a number of different issues, including:

  • The illness itself
  • Loss of earnings
  • Any items you need to purchase as a result of the disease, from aids around the home to different foods to mobility aids
  • An amount to reflect the care provided by friends or family or care fees paid to professionals
  • Travelling expenses to hospital or medical appointments
  • A claim for financial dependency and loss of services

Can I make a claim on behalf of a loved one who has died?

Yes, you can make a claim for a loved one who has died from mesothelioma. If you are claiming on behalf of a relative who died from an asbestos related disease you have three years from the date your relative passed away.

Is there a mesothelioma claim time limit?

The legislation sets a three-year statutory time limit for making a personal injury claim for mesothelioma compensation.

How much mesothelioma compensation can I claim?

It is both impossible and inappropriate to put a value on a life. The only remedy a court can provide is by the payment of compensation. There are number of bases under which a court can award compensation although not all are applicable in any case.

Assessment of compensation must always be a matter of individual assessment in each case, as every case is unique for stop diamonds can be obtained from previous cases which will enable an estimate we made the likely award if the matter had been decided by the court. Compensation will comprise an element to reflect the injury component, pain and suffering as well as a separate element for financial losses and expenses.

Certain conditions will determine what level of compensation:

  • £63,650 to £114,460 compensation for mesothelioma.
  • £70,000 to £95,000 compensation for lung cancer.
  • £35,000 to £100,000 compensation for serious asbestosis & plural thickening.
  • £15,000 to £35,000 compensation for less serious asbestosis & plural thickening.

These figures are provided as guidance only.

How long does a mesothelioma claim take?

A compensation claim for an asbestos related disease can take up to 18 months to complete; however more complex cases that need greater evidence can take up to three years.

What is the diffuse mesothelioma payment scheme?

You can claim diffuse mesothelioma payment scheme (DMPS) if you cannot find the employer responsible for your contact with asbestos, or their insurer. They can provide financial support for you.

Who can claim under the diffuse mesothelioma payment scheme?

You may be able to claim under the diffuse mesothelioma payment scheme (DMPS) if all of the following apply:

  • You were diagnosed with diffuse mesothelioma on or after 25 July 2012
  • Your mesothelioma was caused by exposure to asbestos when working in the UK
  • You cannot trace the employer that exposed you to asbestos, or their insurers
  • You have not made a civil claim against any employer or insurer
  • You have not received damages or a specified payment for mesothelioma and you’re not eligible to a specified payment

You may also be able to claim if you were the dependant of a sufferer who has died. You must claim within 12 months of their death.

You can claim for DMPS even if you have already claimed from the 2008 scheme or under the 1979 Pneumoconiosis Act. If you’ve already got a payment from the 2008 scheme or the Pneumoconiosis Act, it will be deducted from the amount you get from DMPS.

You may still be able to claim from the 2008 scheme even if you are unsuccessful in your DMPS claim.

Claims through the DMPS scheme must be made within three years of diagnosis.

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