Can I claim compensation for mesothelioma?
Posted on 11th January 2019
In order to claim compensation we have to be able to show that you were negligently exposed to asbestos fibres and that this exposure has caused your asbestos disease. Usually this occurs through occupational exposure to asbestos many decades earlier but it is still possible to claim even if the company is no longer in existence provided that we can trace their insurers. There is even a compensation scheme for those cases where the company has ceased trading and the insurers cannot be traced.
What is the value of a mesothelioma claim and how is it calculated?
Each claim is different in value and has to be calculated taking into account personal circumstances. However, there are some things that are standard in most cases.
An award is made for general damages, which is an award for the injury and its effects. This will depend upon a number of factors including age, treatment and length of time from first symptoms. Currently, the award for pleural mesothelioma ranges between £55,830 and £100,350.
We can claim for the costs of past and future care. We claim for the time spent by your family in helping and assisting you now and as your condition progresses.
We can claim for some additional future costs which you may incur in respect of aids and equipment and for services you may have to pay for as a result of any disability. We can claim the cost of services you would have provided to your family but now can do no longer and have to rely upon other family members or pay professionals to do.
You are also entitled to claim for the future loss of income or pensions for the “lost years”. We can claim a percentage of future income or pension on the basis that you have lost this and will not be paid these monies in the future if your life expectancy is reduced due to your illness. These losses are calculated using actuarial tables.
In civil claims that we pursue we also include the costs of non-NHS treatment available for this disease. NHS treatment stops at chemotherapy. Important progress has been made in research into other treatments, such as immunotherapy, but sadly the newer treatments are not yet available under the NHS. We are able to include the future costs of some of these treatments within a claim.
What happens if I die before the claim is finished?
The claim can continue for the benefit of your spouse or partner or next of kin although the nature of the claim changes slightly as does the way it is calculated.
We can still claim general damages for the injury as above but this award is now made for the benefit of your estate.
We can still recover the expenses incurred, care element and past services as above but can also include a claim for the loss of future services you would have been able to provide as well.
Instead of the claim for “lost years” we can claim a “loss of dependency” for any spouse or partner and/or children or others who were dependent upon your income. The calculation is based on a percentage of joint income to the household.
There are also a number of other items that we can add to a fatal claim, but as stated above, each claim has its own value, depending upon circumstances.
It is important to seek early legal advice if you have been diagnosed with mesothelioma or any asbestos related disease.
If you have been affected by asbestos you need to contact a specialist mesothelioma lawyer. We are accredited specialists in asbestos and mesothelioma claims. Please contact us free of charge on 0808 231 6369 or request a call back online.