Mesothelioma Asbestos Cancer Claims – How Much Compensation Can I Claim? JY January Update 2021
Mesothelioma is one of the lung diseases that can manifest as a result of exposure to asbestos. Asbestos was a fire retardant material frequently employed in construction and manufacturing. Asbestos is known to be a deeply harmful and dangerous material. Since 1985 there has been a ban on the use of Asbestos. Despite a ban existing for a number of decades mesothelioma continues to affect people. In fact, it is becoming more common. According to the HSE more than 2000 people died of Mesothelioma in the last year, more people die of this illness than are killed in road traffic accidents in the UK.
If you have contracted Mesothelioma then it could be because your rights to be protected from asbestos exposure have been violated, at work, in public places, or even in your own home. This is where Legal Expert comes in, we can offer you free advice and the assistance of our team of expert lawyers in claiming and winning compensation for the harm caused to you by the effects of Asbestos exposure that was not your fault.
Select a section:
- A guide to accident claims for mesothelioma caused by asbestos.
- What is mesothelioma?
- How is mesothelioma contracted?
- What are the symptoms of mesothelioma?
- The health risks of asbestos.
- Claiming compensation for mesothelioma from an employer.
- Claiming compensation for mesothelioma against a building owner.
- Claiming compensation for mesothelioma due to asbestos contamination in a public place.
- What to do if you have contracted mesothelioma due to asbestos contamination.
- How to begin a mesothelioma and asbestos claim.
- What can be claimed for after contracting mesothelioma due to asbestos contamination?
- How much compensation will I get after contracting mesothelioma?
- Case study.
- No win no fee mesothelioma and due to asbestos cancer claims.
- Why choose us as your claims service for a mesothelioma claim?
- Call for free advice and to start a claim.
If you have suffered from an asbestos-related injury or illness (especially mesothelioma), this guide will provide you with all the information which you need to make an informed decision about your potential future legal actions.
You need to be aware of the potential risks and rewards that could come from making a mesothelioma compensation claim. This guide will give you that information, alongside general information regarding mesothelioma and how you should continue with your claim if you decide to follow through with legal action.
For those who are unaware, mesothelioma is a form of aggressive cancer that can affect multiple vital organs – including the lungs and heart – and, as such, is commonly regarded as being terminal.
Mesothelioma – as with most forms of cancer – can be organised into four different and distinct stages as the disease progresses and worsens:
- The first stage of mesothelioma is categorized as the time when the cancerous cells (or neoplastic tumour) are localised to a single area of your body, such as your lungs. This is the most treatable stage of mesothelioma, typically through a combination of surgery and chemotherapy. But it can still be considerably dangerous.
- The second stage of mesothelioma is categorised as the time when the cancerous cells begin to spread around your body, particularly in the lymph nodes surrounding the initially affected area. This stage of mesothelioma is more difficult to treat than stage one, commonly requiring a combination of surgery, chemotherapy, and radiation.
- The third stage of mesothelioma is categorised as the time when the cancerous cells begin to spread to the lymph nodes surrounding organs (other than the initially affected area). This stage of mesothelioma is not easily treatable and is often considered to be terminal.
- The fourth stage of mesothelioma is categorised as the time when the cancerous cells have spread to organs throughout the body and the entirety of the lymphatic system. This stage of mesothelioma – also known as diffuse mesothelioma – is almost always terminal and is treated through hospice care if found. It is typically compensated through a diffuse mesothelioma payment scheme.
Understanding the illness and – should you contract mesothelioma – your category of illness can help in planning and filing a compensation claim.
Mesothelioma is almost always contracted as a result of individuals coming into contact with asbestos. Asbestos, notoriously, is a construction material made by combining different minerals with fibre and cement. It was a commonly used construction material before the discovery of its many harmful effects in 1999. Before this point, it was used for the insulation of floors, ceilings, and walls.
The usage of the material was banned in the United Kingdom in 1999 after it became linked with cancer and scarring of lung tissue. Despite this, asbestos can still be found in some construction projects that were completed before the ban was introduced.
Mesothelioma is contracted when individuals come into contact with asbestos fibres, particularly at their place of work (but also in their home) and the fibres get caught inside a person’s organs, such as their lungs or heart.
Certain groups – especially certain professions and trades – are at high risk of contracting mesothelioma through coming into contact with asbestos. This includes trades such as plumbers, insulation workers, and air conditioning/electrical mechanics, as they typically involve exposure to older buildings and the insulation inside the walls of said buildings.
However, the risk of contracting mesothelioma can be minimised by taking preventative measures, which are advised and enforced by the Health and Safety Executive. These measures include carrying out a risk assessment if you are at risk of encountering asbestos and ensuring anyone working with asbestos removal is properly licensed and trained to do so.
If you are worried that you may have contracted mesothelioma after coming into contact with asbestos, you may need to be aware of potential symptoms. Mesothelioma symptoms develop over a long period of time and are often misdiagnosed as other illnesses. It is important to stay vigilant after having come into contact with asbestos and to be aware of any of these symptoms:
- The most common symptoms of mesothelioma are tightening chest pains, shortness of breath, and a cough that lasts for an extended period of time. These symptoms suggest that your mesothelioma is affecting your lungs or heart and you should seek medical assistance if you believe you could be suffering from mesothelioma and have had contact with asbestos.
- Less common symptoms of mesothelioma are swelling of the stomach, nausea, and long-term loss of appetite. These symptoms would suggest that your potential mesothelioma is affecting your stomach – and as with your lungs or heart – you should immediately seek medical assistance if you have had any contact with asbestos.
Knowing when to recognise the symptoms of mesothelioma can help you guard against the illness and can help you in preparing a compensation claim.
However, even disregarding the relationship between contact with asbestos and the development of mesothelioma, there still exist significant health risks if you have been exposed to asbestos fibres. These include (but are not limited to):
- The worst health risk related to asbestos – excluding mesothelioma – is asbestos-related lung cancer. This form of lung cancer is particularly aggressive and can easily result in long-term lung issues if not properly treated with chemotherapy and radiation therapy. However, the chances of survival are much higher with asbestos-related lung cancer than mesothelioma, due to the possibility of an earlier diagnosis.
- Another health risk directly related to asbestos is asbestosis. This condition occurs as a result of asbestos fibres clinging to the lining of your lungs, causing major scarring across your lung tissue. This lung scarring then creates long-term health problems for you, especially shortness of breath, and heightens the chance of you contracting other lung issues.
- A third health risk that is directly related to asbestos is pleural thickening, which involves the lining of your lungs swelling as result of asbestos fibres causing irritation. This swelling then causes shortness of breath and chest pain when attempting to breathe.
For those considering legal action, a thorough medical examination can be essential in terms of properly diagnosing any and all health conditions.
If your exposure to asbestos occurred during your work – especially if you work a trade such as plumbing or work for an insulation company – then you may be entitled to compensation from your employer for your mesothelioma. However, in order to do this, you will need to provide substantial evidence in support of your claim.
You will first need to demonstrate that the asbestos exposure occurred while you were working for the company. This can be difficult if you were unaware of the issue at the time and thereby made no record of your exposure in the Accident Report Book. However, evidence such as testimony from other employees who witnessed your exposure can also prove adequate.
You will then need to demonstrate that it was this exposure to asbestos that caused your current issues with mesothelioma. This is even more difficult than proving the initial point of exposure but evidence that there is nowhere else you could have suffered from exposure could potentially be suitable. Ultimately, you will simply need to prove that the exposure was more likely than not to have caused your mesothelioma, rather than providing conclusive evidence.
After this, you will need to prove that the initial exposure to asbestos occurred as the result of your employer’s negligence, rather than simply chance or your own negligence. This could include your employer failing to brief you on the potential dangers of asbestos contact and failing to inform you of the risk of encountering asbestos in the first place. However, once you are able to prove this, your claim is likely to be considered legitimate.
Following on from the previous section, if you are claiming compensation against a building owner for exposure to asbestos resulting in mesothelioma, you will need to provide evidence in support of your claim and especially of the owner’s liability for negligence.
Namely, you will need to prove that the exposure to asbestos took place in the building in which you claim it has happened; that your mesothelioma was caused by said exposure to asbestos; and that the asbestos exposure occurred as a result of negligence on behalf of the owner.
This negligence could be the result of ignoring the standards set by the Health and Safety Executive for dealing with asbestos. The evidence of negligence would be needed to prove the owner responsible for your current condition.
If your exposure to asbestos occurred in a public place, you will need to provide the same evidence in support of your compensation claim as in the above sections. However, in this case, you will be making a claim against your local council authority rather than a private individual, making your claim more difficult.
In cases such as these, you will need to prove that: the exposure to asbestos happened in the public place, whether that is a public library or park; that your eventual mesothelioma diagnosis is related to said exposure; and that the asbestos exposure occurred as a result of the negligence of the duty of care that the local authority has for individuals in public places.
Only if you can provide evidence for all of these things can the local council be held liable for your accident, thereby entitling you to compensation for your mesothelioma.
As your diagnosis of mesothelioma is likely to come about after a long period of time has passed from your initial contact with asbestos, it can be extremely difficult to provide appropriate evidence linking your mesothelioma to said asbestos contact. However, this is what you must do if you have contracted mesothelioma and want to make a compensation claim.
You will first need to prove that the account of your asbestos exposure is accurate and honest. This is made especially difficult by the typical length of time between said exposure and diagnosis but is far from impossible. CCTV footage of the incident may exist, although it is unlikely, and witness statements from others who were with you when you were exposed are generally good pieces of evidence to provide.
You will then need to prove that it was this exposure to asbestos that caused your current issues with mesothelioma. This is even more difficult than proving the initial moment of exposure to asbestos. Evidence could include an estimation by your doctor as to how much the mesothelioma has progressed. However, this is made easier as you will need only to prove that the exposure was more likely than not to have caused your mesothelioma.
After this, you will need to prove that the initial exposure to asbestos was as a result of another party’s negligence, particularly your employer if the exposure occurred at work. This could include your employer failing to brief you on the potential dangers of asbestos contact and failing to inform you of the risk of encountering asbestos in the first place.
Beginning your claim for mesothelioma can appear difficult if you have little previous experience within the legal system. However, mesothelioma claims can be made much simpler thanks to the assistance provided by a Claims Service. Companies like ours can minimise the stress and difficulty of your claim while fighting to get you what you deserve.
After you have gathered the evidence needed to prove your claim is legitimate, the next step you should take is to contact our company to receive a free consultation over the phone.
In this consultation session, we will assess how valid we believe your mesothelioma claim to be and estimate its chances of being successful. This conclusion is based upon our years of experience dealing with personal illness claims – especially asbestos-related illness claims – and the evidence that you can provide.
If you choose us as your Claims Service after this session, we can proceed with preparation for bringing your compensation claim to court. This will involve gathering any additional information surrounding your claim, such as accessing CCTV footage of your accident and arranging a local medical assessment of the severity of your mesothelioma.
Most people believe that they can only claim compensation for costs directly related to their illness, such as medical expenses or direct loss of earnings. However, you could claim for a whole manner of costs related to your illness if you can provide evidence for them in court. These can include:
- General damages – this includes unspecified damages such as pain and suffering as a result of the illness, the effect upon day-to-day life, and loss of career reputation stemming from the illness.
- Special damages – this includes measurable damages, such as direct loss of earnings, the cost of home-care as demanded by your illness, and damage to property such as your vehicle.
- Medical costs – this includes the cost of private medical care or even medical care from overseas healthcare providers if the treatment you want is unavailable in the United Kingdom.
- Travel costs – this includes the cost to travel between your home and hospital appointments and potentially travel to foreign countries if treatment is sought from overseas healthcare providers.
These amounts can be claimed as part of a living mesothelioma claim or even mesothelioma compensation after death as part of mesothelioma compensation for family members.
However, even with the clearly varied costs attached to your asbestos-related illness, the amount of compensation that you could receive does rely on the type and severity of your illness.
If you are wondering how much compensation you could receive after making a mesothelioma compensation claim, here are the mesothelioma payout averages organised by type and severity of the illness. The below table is not a definitive list of settlement amounts you will receive but, rather, a useful estimation tool for those considering a claim.
|Disability and premature death in a young person||£94,470 to £127,530|
|Lung cancer in an older person||£65,710 to £91,350|
|Emphysema||£51,420 to £65,710|
|Breathing difficulties||£29,380 to £51,460|
|Bronchitis||£19,510 to £29,380|
|Slight Breathlessness||£9,990 to £19,510|
|Provisional awards for the above two categories where there is fear of malignancy||£5,000 to £16,980|
|Temporary aggravation of pre-existing issues||£2,070 to £5,000|
The amount you could receive varies between particularly high and low amounts, depending on the severity and type of your illness. While the compensation for your own claim will be unique to your own case, these should provide you with a general estimate of your final settlement amount.
However, if you still feel unsure about taking your mesothelioma claim forward, please read on to discover a real case of someone going through the same issues. This case study can provide helpful context and demonstrate the path to compensation.
In this case, the claimant was a 67-year-old who had been exposed to asbestos while completing piping repairs on an old building that was being renovated. Later in life, the claimant was diagnosed with mesothelioma and was informed that their condition was likely to be terminal.
The claimant made a claim against the employer they had been working for when they were exposed, stating that they were not informed of the risks involved with exposure to asbestos, nor provided with proper safety equipment.
The claimant was successful in their compensation claim and received £35,000 for the cost of palliative care and emotional suffering as result of their diagnosis, which included symptoms of shortness of breath and significant chest pains.
This compensation is typical of the mesothelioma compensation payouts UK courts can provide. This is how your mesothelioma compensation claim could go, should you begin the mesothelioma claim process.
When you begin your mesothelioma illness claim, you may be afraid of the potential costs that you could incur. The legal fees that may be charged against claimants by other Claims Services can be incredibly expensive during a stressful period of your life.
However, our company will do our best to minimise the stress related to your claim. If you have suffered from an asbestos-related illness as result of an accident that was not your fault, you deserve justice. Our company will offer a ‘No Win No Fee’ policy in order to achieve exactly that.
This policy, also called a ‘Conditional Fee Agreement,’ provides a solid base for any claimant seeking compensation for asbestos-related disease. We only take our fees from the final settlement amount, only in the event that your case is successful.
If you want the best assistance with a mesothelioma claim UK law firms can provide, our team can help.
Our years of experience as mesothelioma claim solicitors places us as one of the most capable companies for dealing with asbestos-related illness claims. This experience has given us a good understanding of how to maximise your chances of being successful, even in mesothelioma claims after death. We can even provide a free legal consultation and arrange for you to meet with a local doctor for a full health assessment.
Our team of legal experts specialise in dealing with personal illness claims, which ensures our ability to deal with your compensation claim professionally and efficiently. We can assist you in your claim throughout every stage of the claims process and give you premium advice on how to proceed. If you are seeking compensation, hiring our team can provide the best support and expertise available.
You can begin the process of your claim either through the contact form provided on our website or by calling our phone number.
If you want to find out more, call 0800 073 8804 now and our company can arrange a legal consultation to help you win compensation.
Mesothelioma is a cancer find out more information on Mesothelioma by visiting this cancer research website.
Mesothelioma is a type of cancer this can be mainly caused from the workplace environment if you have been exposed to asbestos it can come out year later.
Have you been misdiagnosed for Mesothelioma? contact us today and find out how much compensation you can claim on a No Win No Fee basis.
This covers many types of death compensation including general damages funeral costs future loss of earnings and much more click the link to find out more. Feel free to call us for free advice on death claims and Mesothelioma claims
Asbestos can be found in any building built before the year 2000 (houses, factories, offices, schools, hospitals etc.