Mesothelioma - claiming for compensation
There is often an element of uncertainty for victims of mesothelioma
about whether they can claim compensation or even what compensation
actually is.
There are 2 routes to obtaining compensation which you can follow
separately or together, ie you can claim both:
- civil claim through courts
- claim for state benefits
The information that follows intends to provide basic information
concerning the claims process in order that you can make an informed decision about
how best to proceed.
What do I need to prove?
Importantly, a sufferer diagnosed with the disease or a close
relative of a sufferer of mesothelioma and has subsequently
passed away as a result of the disease in the past 3 years, can
bring a claim for compensation.
For a claim to succeed:
- try to determine the identity of the company or
companies where exposure to asbestos took place
- if the employer/company no longer exists the insurers
of the company at the time of the alleged exposure will need researching
As part of our service, we will carry out the necessary research
in order to trace the relevant insurers using our database of insurers
and other resources available to us.
Upon identification of the relevant insurers of the company or companies where exposure
to asbestos took place, we would then look to establish
that the employer failed to ensure proper and adequate protection
from harmful exposure. As a general rule, this is usually established
if significant exposure took place on or after 1960.
Is there a time limit?
A general 3 year limitation period applies to all victims of mesothelioma
wishing to bring a claim for compensation, the 3 year period runs from the date
you first became aware of suffering from the disease.
Alternatively, close relatives considering bringing a claim
for compensation on behalf of a victim who has recently passed away as a result
of mesothelioma, then a time limit of 3 years from the date of death applies.
How much compensation will I get?
The level of compensation received will vary depending upon
your individual circumstances. However, as the claims process progresses,
we can update you on the actual sum of money receivable.
Two main types of compensation or "damages" receivable:
- Special Damages – claims for loss of earnings
resulting from the development of mesothelioma, expenses incurred in travelling
to hospital appointments, and prescription fees for medication
- General Damages – compensation for the pain, suffering
and loss of amenity caused by the illness
In a typical compensation claim, victims of mesothelioma and their
families will receive in excess of £65,000 and sometimes very
much more. In one instance we recovered compensation for a mesothelioma
victim of over £750,000.
How much will it cost me?
Cases are normally run on a "no win no fee" basis.
This means that:
- we will not charge you for our legal costs for bringing the claim
- if the claim succeeds, you will receive 100% of the compensation awarded, and we
would seek to recover our legal costs from the other side, namely the insurers of
the company who we brought court action against
- discontinuance or loss of your case means, you will not receive any compensation
and we will not charge you a penny
Whatever the outcome of your case, we will not expect payment from you for our services.
Call our helpline today on 0800 011 1166 or use our free, no obligation,
online enquiry form to register for a call back or call us directly on 0844 858 3600.
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