Law

Claiming Compensation fora Mesothelioma Diagnosis

Asbestos was widely used between the 1960’s and 80’s but has since been found to cause the onset of diseases such asbestosis, lung cancer, pleural thickening and most commonly diagnosed, mesothelioma.

Mesothelioma is considered to be the most serious of all asbestos-related diseases and is a particularly aggressive cancer that affects the membrane lining of the lungs and abdomen.

There are two main types of mesothelioma. Pleural mesothelioma is the most common type and develops in the tissue that covers the lungs. The second form is peritoneal mesothelioma which develops inside the lining of the abdomen.

According to NHS Choices, over 2,500 people in the UK have been diagnosed with this condition each year, and men in particular are five times more likely to be diagnosed with the disease than women.

Claiming Compensation

Compensation is available for anyone who has been diagnosed with mesothelioma as a result of working somewhere in which they were exposed to asbestos.

There are two main ways to claim for compensation. You can either obtain benefits paid by the Department for Work and Pensions, or obtain compensation from either a current or former employer which was linked to your exposure of asbestos.

Those who have been exposed to asbestos and are victims of mesothelioma and cannot trace a liable employer can apply for compensation packages averaging at £123,000 which the government increased from £115,000 in April 2014.

Criteria for compensation

For a compensation claim to be successful, there are two things that you need to be able to prove.

The first is that the mesothelioma disease was caused due to an exposure to asbestos during your work, and although difficult to prove, clothes of someone that you washed had been in contact with asbestos at work.

The second criteria that you will need to prove for your claim to be successful is that the exposure to asbestos you received was because of negligence by your employer at the time of contact. Furthermore, if the employer was not in keeping with the standards required by common law or they breached particular safety regulations then this can also be claimed against.

Cost

Making your personal injury compensation claim should cost you little, if not no money at all.

Specialists solicitors usually offer a free initial consultation and will deal with your personal claim on a ‘no win, no fee’ basis, however ensure that you have discussed the possibilities of funding before your claim commences.

Macmillan Cancer’s help page about receiving financial assistance and claiming for mesothelioma compensation mention that although a solicitor may take your case on a ‘no win, no fee’ basis, you may end up having to pay a one-off insurance premium.

However, this insurance premium will help cover you against paying the legal cost of your employer and could also protect you against paying for other expenses during the process of your claim. For example,the insurance would cover you against the fee of the medical expert’s report in support of your claim.

Asbestos Advice Helpline are an example of a company who work on a ‘no win, no fee’ basis. Offering a team of specialist mesothelioma solicitors, Asbestos Advice Helpline ensure that clients receive 100% of their compensation as the legal fees are taken directly from the other side.

The process of claiming for mesothelioma compensation is understandably rather daunting, but with the right company assisting you and the correct knowledge of the options available to you, the process of putting in a claim will be eased so that you feel both supported and well advised so that you see the best outcome for your claim as is possible.

Article publié pour la première fois le 14/03/2016

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