How much compensation might I get?
How do I instruct a solicitor?
Who will be liable to pay compensation?
What if the person with mesothelioma has died?
What if the company no longer exists?
How much compensation might I get?
The amount of compensation awarded in each mesothelioma case depends upon the individual circumstances of the case. The overall sum of compensation will include elements for:
- Pain, suffering and disability;
- Financial losses including loss of wages, pension and other financial losses as appropriate;
- Care costs and other expenses.
Taken together the elements are likely to provide a lump sum of compensation which is an effective way of providing for the sufferer’s family and dependants.
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How do I instruct a solicitor?
For anyone wishing to pursue a claim for mesothelioma (or any other asbestos related disease) it is essential to seek advice from a specialist solicitor. Choosing the right solicitor may be the most important factor in determining whether or not a claim is successful; and, if it is, the amount of compensation obtained. An appropriate mesothelioma solicitor will be one who:
- Has the right experience and expertise;
- Will deliver the right level of service to someone who is terminally ill; and
- Will deal with the claim at no cost to the mesothelioma sufferer.
Many solicitors do not meet those requirements and mesothelioma sufferers should not simply instruct the firm that may have dealt with their conveyance, divorce etc. They should go direct to a reputable specialist and, at all costs, avoid intermediaries such as claims management companies.
If you or a family member are suffering from mesothelioma, contact us online or call 0800 121 6831 for free advice about a possible claim.
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Who will be liable to pay compensation?
In the majority of cases, exposure to asbestos dust has occurred at work. In such cases, that exposure will almost inevitably have occurred because the employer failed to take appropriate precautions, in which case a claim can be pursued against the employer, who is likely to have been insured.
Where the exposure to asbestos dust was not the fault of the employer or it occurred other than at the victims place of work it may still be possible to pursue a claim against the person(s) or companies responsible.
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What if the person with mesothelioma has died?
It is always best if a claim is commenced during the sufferer’s lifetime. He or she will be uniquely placed to provide information about the circumstances in which their exposure to asbestos occurred.
We aim to obtain a substantial interim payment at an early stage in the claim to provide for the additional expenses that will be required to meet the sufferer’s needs for care etc. In the event that the claim has not been concluded before the sufferer dies it can continue to be pursued by, and on behalf of, his/her family. Similarly, if a claim has not been commenced before death, the sufferer’s family may nonetheless pursue a claim.
In posthumous cases, one claim is pursued in the name of the late sufferer’s estate, usually by their spouse or partner. Included within that one claim would be claims for all dependants of the deceased. Bereavement damages (fixed by statute) can be claimed by the widow or widower but not if the deceased was unmarried.
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What if the company no longer exists?
Even if the employer no longer exists it may still be possible to pursue a mesothelioma claim by tracing the insurer of the defunct company. Over the years, we have successfully pursued thousands of cases in this way.
In rare cases, where the company is defunct and it is not possible to trace the insurers, it may still be possible to obtain compensation under a government “no fault” scheme designed for such cases – a claim under the Pneumoconiosis etc. (Workers Compensation Act) 1979 should always be considered. Read more about how we helped a retired engineer claim under this Act
The Pneumoconiosis etc. (Workers Compensation Act) 1979 only provides for payment to victims who have been exposed to asbestos dust at work. People who were exposed to asbestos in the environment (e.g. because they lived near an asbestos factory) or at home (e.g. from dust on the overalls of a family member) may be able to claim a lump sum payment under the Diffuse Mesothelioma Scheme.
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