Mesothelioma comes in two main varieties, Pleural or Peritoneal mesothelioma. In the first form of the disease, tumours appear on the lining of the lungs, while in the second, tumours form on the abdominal lining of the peritoneum. To learn more about the two types of mesothelioma, click here.
Mesothelioma stands apart from other asbestos-related diseases because it can develop even after a brief exposure to a relatively low level of asbestos.
If you’re diagnosed with mesothelioma, you may be entitled to make a claim for damages. Financial support can help compensate you for the suffering you experience (physically and mentally), the loss of income, and the ongoing expenses of medical and nursing care. Compensation claims on behalf of individuals who lose their lives to mesothelioma may also seek to recoup funeral expenses.
Because of mesothelioma’s unique properties, particularly the relatively short time span that typically comes between diagnosis and death, there is a special accelerated court procedure to process mesothelioma claims. In general, a verdict or settlement comes within a year of the initial filing.
Mesothelioma compensation claims are not just open to workers who suffered through asbestos pollution in the workplace. Family members were frequently exposed to asbestos dust carried home on the clothes and in the hair of workers who encountered asbestos. Even brief, relatively minor exposure in this manner is sufficient to cause mesothelioma.
In order for a mesothelioma compensation claim to come out in favour of the filer, the following requirements need to be met:
* A diagnosis of mesothelioma must be verified with an accepted medical report.
* Records verifying that the claimant was exposed to asbestos on a particular job and proving that this exposure directly caused the claimant’s mesothelioma.
* Proof that the employer failed to meet his or her legal safety obligations and knowingly exposed the claimant to asbestos in a dangerous manner.
Your mesothelioma compensation claim will much more likely be successful when you meet all three of these requirements in a clear and thorough way. Asbestos claims are sharply limited, so it is best to get proceedings underway as soon as you can.
Establishing Legal Responsibility And Liability
The UK has multiple laws that can help you make a clear distinction between mesothelioma cases for which employers can be held legally accountable and those for which they cannot.
The risks associated with asbestos inhalation were fully understood and legally described in the UK in the early 1990s. Individuals who suffered asbestos exposure prior to that period may not have effective grounds for filing a compensation claim, even if the mesothelioma itself was diagnosed afterwards.
Employers became legally obligated to enact specific safety measures regarding asbestos exposure once applicable regulations were established. Their responsibilities include conducting risk assessments, establishing precautionary procedures, and providing employees with both training and protective gear to minimise the risk of working with asbestos. If a worker contracts mesothelioma despite the presence of multiple safety measures, employer negligence – in one or more of their safety responsibilities – may be at fault. When employer fault can be established, the employer may be held responsible for settling your mesothelioma claim.
The ideal situation for making a mesothelioma claim is to work with a personal injury solicitor who has direct first-hand experience in handling mesothelioma claims. There is a direct positive relationship between applicable solicitor experience and the odds of securing significant damages.
Mesothelioma is an extremely burdensome disease. Between the loss of income imposed by the condition and the cost of ongoing treatment, you may not feel like you have the financial resources to seek expert legal assistance. There is good news if you find yourself in this situation! Many Personal injury solicitors who handle mesothelioma claims work with their clients on a ‘No Win No Fee’ policy. This means that they will make an initial evaluation of your case for no cost. If your case is compelling and the odds of filing a successful claim look good, they will take up your case without charging any fee upfront. They will only take a fee after they have successfully obtained compensation for you. This allows you to live your life without suffering the added burden of legal expenses until after compensation has been secured.