Mesothelioma Claims – A Guide to Claiming Compensation

If during your working life, you’ve come into contact with asbestos, you may be at risk of developing mesothelioma. In this guide, we set out to explain when you could receive compensation for work-related mesothelioma and how the claims process works. We’ll also explain the eligibility criteria for mesothelioma claims and who might be entitled to take action for their suffering.

We are here to help if you would like to find out more about your options. If you’ve suffered an asbestos-related illness and would like free legal advice, you can request a no-obligation consultation. If your claim appears feasible, we could partner you with a specialist solicitor from our team. If your case is accepted, your solicitor will help you to make a No Win, No Fee mesothelioma compensation claim.

To discuss your chances of claiming for mesothelioma, you can:

• Call our legal advisors on 0333 241 2519.
• Use our free live chat service.

Please get in touch to discuss your options or read on to find out more about how to claim compensation for mesothelioma.

What Is Mesothelioma?

Mesothelioma is a form of cancer. It is usually linked to asbestos exposure. The cancer often covers the lining of the lungs. However, in some cases, it can also affect the heart, stomach and testicles.

While treatment can sometimes help to control mesothelioma, it is an incurable disease which can take anywhere from 10 to 40 years after being exposed to asbestos for mesothelioma symptoms to become apparent.

Where mesothelioma affects the lungs, some of the most common symptoms include:

• Shortness of breath.
• Fatigue.
• Unexplained weight loss (and a loss of appetite).
• Chest pains.
• Swollen or clubbed fingertips.
• Persistent coughing.

Where the stomach is affected by mesothelioma, symptoms can include:

• Nausea or being sick.
• Tummy swelling and pain.
• Constipation or diarrhoea.
• Unexplained weight loss.

NHS advice is to see a doctor if you’re concerned about any worrying or ongoing symptoms. During your consultation, you should inform your GP about when you were exposed to asbestos at work.

Can I Make a Mesothelioma Compensation Claim?

Legally, employers have a responsibility to adjust the workplace as necessary to ensure the safety of their employees, a duty outlined in legislation such as the Health and Safety at Work etc. Act 1974.

The Health and Safety Executive (HSE) mandates that those in charge of buildings (including workplaces) suspected to contain asbestos must:

• Evaluate the presence of materials potentially containing asbestos within the building.
• Maintain a record of any presumed asbestos locations.
• Estimate the risk of asbestos fibre inhalation.
• Develop and execute a plan for managing asbestos.
• Conduct regular inspections of areas known to contain asbestos.
• Inform individuals working in those areas about the potential asbestos presence.

Generally, to initiate a mesothelioma compensation claim, certain conditions must be met:

• A duty of care towards you by the defendant (typically your employer) must be established.
• A breach of this duty by the defendant must have led to your exposure to asbestos.
• You must have received a diagnosis of mesothelioma within the last three years.

Given the often lengthy period between asbestos exposure and diagnosis, pursuing compensation for mesothelioma can be complex. Nonetheless, we’re ready to assist with a no-obligation review of your mesothelioma claim. Please don’t hesitate to contact us for support.

What Should I Do If I Suspect I Have Mesothelioma?

If you start to develop any worrying symptoms of mesothelioma (similar to those listed above), you should visit your GP. They will examine you and might refer you for specialist tests.

Having your condition diagnosed correctly is important because it’ll help your doctor manage your symptoms in the best way possible. Having a confirmed mesothelioma diagnosis will also help if you decide to begin an industrial disease claim.

Next, you should write down as much of your work history as possible. This will help to narrow down where you might have been exposed to asbestos at work.

Following these steps can help you to begin a mesothelioma claim and give a solicitor the grounds to begin building as strong a case as possible.

What Evidence Can Be Used for Mesothelioma Claims?

For mesothelioma claims, even if your asbestos exposure occurred many years ago, gathering sufficient evidence can significantly bolster your case.

Some examples of evidence that could support mesothelioma claims include:

• Witness statements from former colleagues or industry experts who can attest to the asbestos exposure environment.
• Comprehensive medical documentation, including diagnostic reports and opinions from pulmonary specialists or oncologists, to substantiate the mesothelioma diagnosis.
• A detailed employment history to identify specific periods and locations of asbestos exposure, including any known asbestos-containing materials handled.
• Photographs or videos of the workplace showing conditions or materials that could have contributed to asbestos exposure.
• Documentation of safety measures (or the lack thereof) in place during the period of exposure, such as air quality reports or health and safety records.
• Any previous legal or compensation claims made by other employees for asbestos-related diseases, which can provide context and corroborate exposure levels.

Gathering this evidence is crucial for building a strong mesothelioma compensation claim. If you’re considering whether you have adequate evidence to proceed, we encourage you to get in touch with us for a no-obligation consultation. Our solicitors are here to help you secure the compensation you deserve.

How Long Do I Have to Claim Mesothelioma Compensation?

Under the Limitation Act 1980, there’s a three-year deadline for filing workplace injury claims, meaning if you’re injured at work, you generally have three years from the incident date or injury diagnosis to make a claim.

However, because mesothelioma symptoms can take decades to manifest, the three-year time limit might start from the “date of knowledge,” which could be when you realised your symptoms have been caused by your working conditions or a healthcare professional formally diagnoses you.

Should a potential claimant lack the mental capacity to pursue a mesothelioma claim, for instance, due to advanced age or health issues, another individual can represent them as a litigation friend to seek compensation for mesothelioma. Contact our legal advisors for further information or assistance.

What Compensation Can I Claim for Mesothelioma?

If you make a successful mesothelioma claim, your settlement will aim to cover any current or future:

• Physical or emotional pain and suffering.
• Loss of amenity.
• Expenses, costs or financial expenses.

Some of the costs (special damages) that could be covered by mesothelioma compensation claims include:

• Loss of earnings.
• Medical treatment costs.
• Support or full-time nursing at home.
• The cost of adapting your house to improve your quality of life.
• Fuel, parking and other travel costs linked to hospital appointments, for example.

To help prove how mesothelioma has affected you physically and emotionally, your solicitor will use medical records and independent assessment reports. To help prove any financial losses linked to your condition, receipts, wage slips and bank statements could be used.

If you’d like us to check how much mesothelioma compensation you might be entitled to, please call us now.

Can You Claim for Mesothelioma Compensation After Death?

If a loved one has died because of mesothelioma it is possible to claim compensation. We realise that claiming compensation for a loved one who has died will not help you recover from your loss emotionally. However, losing a spouse or partner to mesothelioma can have emotional and financial consequences. Therefore, a claim could cover:

• General Damages: Compensation for the pain and suffering the deceased experienced due to mesothelioma.
• Special Damages: Reimbursement for expenses incurred before death, such as medical treatment costs, care expenses, and any adaptations made to the home, as well as funeral expenses.
• Loss of Financial Support: For dependents, compensation may include the loss of income and financial support that the deceased would have provided if they had not died from the illness.

Claims can be made against the deceased’s employer or the company responsible for the asbestos exposure that led to mesothelioma, provided it can be proven that the exposure was due to negligence. If the employer is no longer in business or if insurance details are unavailable, claims might still be possible through government schemes like the Diffuse Mesothelioma Payment Scheme (DMPS).

We offer a free initial consultation where a specialist advisor will review your case without pressuring you to take action.

Do I Need a Solicitor to Claim Compensation for Mesothelioma?

Proving how you or a loved one has been affected by mesothelioma and that an employer is liable can be a particularly complex task. While you are entitled to manage the claims process alone, a specially trained solicitor might give you a better chance of a) making a successful mesothelioma claim and b) receiving the correct level of compensation.

If your claim is accepted by one of our accident-at-work solicitors, they’ll typically:

• Manage all aspects of the claims process on your behalf.
• Ensure the correct paperwork is filed on time.
• Collect medical information and other records to try and prove your case.
• Aim to ensure that you are compensated fairly.
• Keep you up to date about the progress of your claim.

Additionally, our solicitors offer a No Win, No Fee mesothelioma claims service for all cases they take on. At the beginning of your claim, you’ll be asked to sign a Conditional Fee Agreement (CFA). This contract means that:

• You don’t need to pay for your solicitor’s work in advance.
• If the claim is lost, you won’t pay for your solicitor’s work.
• You will have a success fee deducted from any mesothelioma compensation you’re awarded.

Success fee percentages, when using a CFA, are capped legally. That means you won’t lose any more than 25 per cent of any mesothelioma payout you’re awarded.

Do Mesothelioma Compensation Claims Go to Court?

Generally, mesothelioma claims are dealt with out of court. Usually, the solicitor and the employer’s insurer will assess the claim and reach an amicable settlement wherever possible.

That might not be possible in all cases and your solicitor might arrange a court hearing if they:

• Believe strongly that your mesothelioma compensation claim is valid; but
• Liability for your condition is not accepted by your employer; or
• A compensation settlement doesn’t cover all of your suffering.

While court hearings are generally not necessary, if your mesothelioma case heads to court, your solicitor will be there to manage everything on your behalf.

How Long Do Mesothelioma Claims Take?

It’s not really possible to give a precise estimate about how long a mesothelioma claim will take as each case is different and can vary significantly based on several factors, including the complexity of the case, the availability of evidence linking the disease to asbestos exposure at specific workplaces, and the responsiveness of the defendants (employers or their insurers). Generally, the process can take anywhere from a few months to over a year or more.

Our solicitors recognise the urgency due to the health of claimants and work diligently to process claims as quickly as possible. They can also provide support in accessing interim payments where applicable to help cover immediate needs and medical expenses while the mesothelioma claim is being processed.

Contacting Us About a Mesothelioma Compensation Claim

If you’d like to know more about your eligibility to claim compensation for mesothelioma, you can:

• Call now on 0333 241 2519.
• Make use of our free online chat service.

We provide no-obligation legal advice on mesothelioma compensation claims in a free initial consultation. While you won’t be pressured into claiming, if your case is feasible, it could be managed by one of our No Win, No Fee solicitors. Please feel free to call if you have any further questions about mesothelioma claims.