How Much Compensation Will I Recover?

We are often asked whether it is worth pursuing compensation claims for mesothelioma and the answer is unquestionably yes.

The question that is really often being asked is, quite understandably, ‘how much compensation will I recover?’

The answer is that compensation agreed with an insurer or awarded by a Court is determined by the individual facts of the case.  While no two cases are the same, compensation in cases breaks down into two types, general damages and special damages, both of which are awarded to a successful Claimant.

General Damages

General damages are awarded for the pain and suffering caused by the mesothelioma illness itself.  The Judicial Studies Board currently recommends awards of between £52,500 - £81,500 for this part of a claim.

Special Damages

Special damages are awarded for the financial losses caused by the illness such as:

• travel expenses,
• the cost of buying medication,
• the cost of care provided by relatives and paid professionals and
• tasks undertaken such as gardening, DIY or housework that the mesothelioma sufferer would have done were they not ill.

A person with mesothelioma can also make a claim for a proportion of the income from wages and pensions that they would have received were it not for the mesothelioma (potentially) shortening their life.  This is known as a ‘lost years’ claim.

If the claim is brought by the family of a mesothelioma sufferer who has passed away, it is also possible for some people to bring claims for dependency on the sufferer’s income. Those able to claim as dependants include a sufferer’s widow or widower, a person who has lived with them as a partner for 2 or more years or financially dependant children.

Those dependants can claim for the proportion of the sufferer’s income that they contributed towards the dependants.

No Dependants

In cases where there are no dependants, claims are usually more valuable when pursued during the sufferers lifetime. We suggest that you seek specialist advice about the financial implications of your illness as soon as possible.

Irwin Mitchell have provided some example settlements to illustrate how much a ‘typical’ case might be worth depending on whether the case is concluded in a sufferer’s lifetime or after their death, and the effect on whether there is a dependant to the claim.

Summary of Damages