Hayley Devlin LLB
Legal writer and former solicitor
Mesothelioma Claims
Does your claim qualify? Get free, no obligation advice!
If you’ve been diagnosed with mesothelioma, you’re probably worried about the future. Mesothelioma Compensation Claims gives you and your loved ones financial support and holds those responsible for the condition accountable.
The claims process can be challenging, but contacting a free legal advisory service will help you determine your eligibility and get access to professional mesothelioma solicitors.
Compensation can be the difference between peace of mind and an uncertain future. Please call 0800 234 6438 or use the online form for a free callback.
Mesothelioma is a rare type of cancer that’s associated with asbestos exposure. The condition is highly aggressive and often incurable, even with treatment. There are three sub-types of mesothelioma, including:
All cancers begin due to a mutation within cell DNA, and the abnormalities that result from these mutations form a tumour. However, as an asbestos-related disease, mesothelioma occurs due to exposure.
While asbestos is a natural mineral, it can be dangerous when it breaks down and turns into dust. When inhaled, the dust fibres can settle in the body, causing irritation.
Over time, this irritation can turn into mesothelioma—but some people might inhale the fibres and never suffer any complications.
While more patient background is required, some people might have a higher risk of mesothelioma due to a family history of the condition. Having radiation therapy on your chest area might also make you more sensitive to asbestos-related diseases.
Asbestos dust can have a devastating impact on your ability to work, perform daily activities and enjoy life. The symptoms vary depending on the type of mesothelioma you have.
Unfortunately, mesothelioma is often fatal, with limited treatment options. People who receive an early diagnosis could have a longer life expectancy with treatment, but most cases are diagnosed when the cancer is already advanced.
Many mesothelioma patients struggle to work or perform general activities due to the complications the condition causes. They include:
Many people were exposed to asbestos through work or inhabiting a building—even though most manufacturers and construction companies were aware of the potential dangers. The material was widespread until 1999, but the ban didn’t reverse the effects of exposure.
Due to its complicated nature, mesothelioma is an aggressive cancer that’s challenging to treat. You might not be able to work or receive a terminal diagnosis, which will naturally leave you with financial worries.
If you can prove someone else was negligent for the condition, you can claim compensation and receive financial support. A no win no fee solicitor will act on your behalf and work hard to secure a monetary award that gives you peace of mind about the future.
If you’re dealing with a chronic illness that wasn’t your fault, you have every right to seek mesothelioma compensation. While these claims can be more challenging than typical accident compensation cases, mesothelioma lawyers are highly experienced in performing investigations.
The first step to getting the ball rolling on the claims process is getting free legal advice on 0800 234 6438. A trained advisor will assess your case and connect you with a solicitor who handles everything.
You can also use the online form for a free callback.
As with all compensation claim time limits, you have three years from the date of diagnosis to make a claim.
Mesothelioma sufferers can be exposed to asbestos fibres years before they develop any symptoms, and the guidelines in place mean you can make a legal claim when you’re diagnosed – even if it’s decades later.
While traditional solicitors will work on mesothelioma claims, it’s important to remember that these professionals often operate on an hourly rate. Simply put, you’ll need to pay the lawyer their hourly fee; there’s no guarantee they’ll even win the case.
No win no fee mesothelioma claims work differently, because your solicitor agrees to take on the case and doesn’t charge upfront payments. Instead, they’ll take their fees out of your compensation if you settle with the negligent party.
No financial risks are associated with conditional fee agreements, and you won’t be out of pocket if you lose your asbestos claim.
Asbestos claims work differently than other forms of compensation because your initial exposure could occur years before. Your solicitor will need to investigate the case, examine your employment history, and evaluate where the exposure initially occurred.
For example, if your solicitor can trace previous employees and they have mesothelioma or asbestos-related lung cancer, your case will be easier to prove.
Previous company records will also help your solicitor determine whether the company used asbestos.
Once your solicitor feels they have a strong enough case, they’ll begin asbestos litigation with the negligent party’s insurance provider or legal representatives. If the negligent party is willing to admit you were wrongfully exposed to asbestos, the negotiations should be relatively smooth.
Sometimes, they’re drawn out, with counter-offers for compensation amounts, but your solicitor will update you throughout the process. If they feel court proceedings are the best option to secure maximum compensation, you can decide whether you want to settle.
When both parties agree to compensation, your solicitor will take their fee out of your award, and you’ll receive the rest of the money. It’s yours to spend as you wish, with many mesothelioma victims using their compensation to replace lost earnings or pay for private treatments.
It depends on whether your solicitor can find your previous employer and insurance provider. Claiming for an asbestos-related illness can take time, depending on how smoothly the negotiations go.
However, you won’t pay any legal fees unless your solicitor wins the case, so there are no risks with claiming. If the former employer’s insurer is willing to settle on the proposed amount, the timeframe will be much shorter.
Because the process can take some time, making a claim immediately after you’re diagnosed is best.
The average mesothelioma compensation amounts differ depending on whether your employer will admit negligence and the extent of your condition.
These amounts generally fall between £16,000 and £123,000, but your final amount depends on how you make a claim and whether the negligent party is willing to accept responsibility.
In some cases, the employer’s insurer will also accept that a loved one might have to care for their spouse or family member, so your solicitor will factor these expenses into your claim.
Asbestos claims require extensive legal expertise, as initial exposure takes years to develop into mesothelioma. For example, someone with mesothelioma might have a previous exposure to asbestos that dates back decades, and their former employer might not be around anymore.
Even if that is the case, the Employer’s Liability Insurance 1972 law means all businesses must have insurance policies. If they’re no longer operational, people can still claim compensation for asbestos diseases through the company.
The government also has an asbestos victims compensation scheme, which addresses people who cannot claim through a former employer or insurance provider. Claiming through the diffuse mesothelioma payment scheme means you could receive up to £123,000.
If your spouse or next of kin passes away due to mesothelioma, you may be able to claim compensation on their behalf. Dealing with mortgage payments and general expenses can be challenging, but compensation is there to help you relieve some financial burdens.
Specialist asbestos lawyers will help you hold your loved one’s employer responsible, offering much-needed support.
Suffering from an asbestos-related condition can be a devastating experience. Compensation won’t change the pain and suffering of mesothelioma, but it can lift some weight off of your shoulders and allow you to focus on spending time with family members.
If you’d like to determine whether you can claim compensation, please get free legal advice through the online form or by calling 0800 234 6438. Specialist solicitors will work on your behalf to obtain the amount that you deserve.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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