Mesothelioma is asbestos-related cancer which typically affects the pleura of the lung (the lining of the lung). However, it can also occur in the peritoneal (the lining of the abdomen). Receiving a diagnosis of mesothelioma is always extremely difficult, for the person diagnosed and their families.
Can I make a claim for mesothelioma compensation?
A diagnosis of mesothelioma is almost always found to be connected to asbestos exposure. It is important that you speak to a specialist lawyer who can help you understand the legal process and make an informed decision about making a claim.
While nothing can reverse what has happened, instructing a solicitor who specialises in asbestos illnesses can make things considerably easier for everyone involved.
Compensation is not a windfall. It enables our clients and their families to live as full a life as possible after their diagnosis. It may also allow you to access expensive medical treatments for this condition, not currently available on the NHS.
Where a compensation claim is made clients will always receive 100% of their compensation. The legal costs in these cases are recoverable from the responsible party and there are never any deductions in this type of claim.
Ensuring that as many people suffering with mesothelioma as possible have access to specialist advice is our first priority. Our clients and their families are always dealt with warmly, sensitively and compassionately. We treat our clients as we would wish our own family members to be treated in the same circumstances. Our real-life experience means we have first-hand experience of how it feels to be on the other side of the relationship with our clients, and this background shapes the way we will approach our work and seek justice for our clients.
We arrange home visits to see our all clients diagnosed with mesothelioma and (wherever possible) can help you to access early interim compensation payments and benefit entitlements. We will also carry out our initial investigations in your claim free of charge and offer free advice and guidance without any obligation to continue. Where a legal claim is not possible, but we feel you may be entitled to related government benefits or other alternative payments (for example a war veteran’s pension payment of £140,000), we will nevertheless assist you to make these applications free of charge.
Our advice will go far beyond making a claim for compensation. We will also advise you about related government benefits and schemes, we can sign post you to support groups, medical experts and advise you about possible medical treatments not currently funded by the NHS.
We work with and support a number of related charities, support groups and medical practitioners. It is important to us that solicitors working in this area have good knowledge of and are able to work closely with the other services and professionals needed by our clients.
In fact, given that many clients are now able to access medical treatments that are not available on the NHS, through their compensation claims, we often work with our clients’ medical teams to facilitate this. Working this way has never been more important.
There is much more at stake in these claims than money; our role is to ensure that clients have access to all of the medical treatments, care, aids and equipment and comforts that they need and deserve.
People are the core focus of our business, along with a commitment to specialism and desire to be the leading experts in our fields.
We provide added value to all our clients and believe that in this day and age clients require more than just a legal service.
Our Injury Services teams include five directors, and we are recognised as one of the leading law firms in Wales in the industry bibles; Chambers and the Legal 500. We also hold specialist memberships such as the Law Society Personal Injury and Clinical Negligence panel.
We are pragmatic, solution orientated, down to earth, and we speak plain English.
- Emma C James
- Associate Solicitor - Asbestos Claims
- Charlotte Perkins
- Associate Solicitor & Asbestos Claims Manager
- Bronte Pettifer
- Trainee Solicitor - Asbestos Claims
Q - How can you prove a claim for mesothelioma?
Often at the start of a claim, clients worry that they don’t have any documentary evidence to prove their asbestos exposure. However, they should be reassured that they are far from alone in this.
In the vast majority of cases, clients have no documentary evidence relating to their asbestos exposure. What we will often refer to as “your evidence” throughout your claim, is, in fact, a detailed statement that we will take from you at the outset of the claim. In many cases, the court will accept a client’s statement as proof of their asbestos exposure even though there is no documentary evidence in respect of this.
We will guide you through every step of the claim, so that you don’t have to worry.
Q- Who can claim for mesothelioma?
Mesothelioma claims are brought by people who have been diagnosed with mesothelioma and have a history of asbestos exposure. Not everyone knows straight away where they were exposed to asbestos, but we are often able to assist in helping you to investigate matters further if this is the case.
Everyone with mesothelioma should seek advice from a solicitor to find out if they can make a claim. It is also worth seeking a second or third opinion if you receive negative advice from a solicitor, so that you can be certain that you have had the correct advice.
However, mesothelioma claims are usually one of the more straightforward type of asbestos claims to prove.
Q- How much compensation will I receive for a mesothelioma claim?
Most mesothelioma compensation claimants receive between £100,000 and £500,000 in compensation. However, there is no upper limit and the amount of compensation you receive will depend on your personal circumstances. We will advise you regarding the likely value of your claim after we have completed our investigations for you.
Q- How long do claims for mesothelioma take?
This varies depending on your unique circumstances, however, Mesothelioma claims are fast-tracked by the courts and many of these claims can settle in 6 to 9 months. However, this increasingly depends on whether or not the client wishes to claim for non-NHS Funded Treatments as part of their claim and when they are ready to start these treatments. In these cases, a quick conclusion is not necessarily the priority, but obtaining a quick interim payment of £50,000, so that the client is ready to start treatment at the appropriate time will be.
In these circumstances, it may be that the claim remains open in part while the individual undergoes these treatments, but the client will have received nearly all of their compensation form the claim in the event that this is what needs to happen and will then simply continue to receive payments to pay for their ongoing treatment.
Q- What if the employer that exposed me to asbestos and caused my mesothelioma no longer exists?
This is very common in these types of claims. Where the relevant company is dissolved, we will instead try and trace the insurers of this company and the claim is pursued against the insurance company.
In some cases, insurance cannot be traced. In cases of mesothelioma where no insurance can be found, it may be possible to bring a case under the Diffuse Mesothelioma Payment Scheme.
Q- How much time do I have to make a claim for asbestos and mesothelioma compensation?
The usual position is that you have three years from the date of diagnosis to make a claim and it is important to seek advice as early as possible.
Charlotte Perkins is our specialist Asbestos Claims Manager. She has specialised in asbestos claims throughout her career and has represented victims and their families from all over the UK. As a result, we are highly experienced at investigating asbestos claims, tracking down the responsible party (even where the employer company no longer exists) and dealing with complex and difficult cases.
Overall, Charlotte has successfully recovered millions of pounds in compensation for her clients. Some of her clients have received more than £500,000 in compensation individually; with mesothelioma clients typically receiving awards of upwards of £100,000. In addition, Charlotte has fought to obtain funding for potentially life-prolonging treatments not available via the NHS, through the compensation claims she has pursued for those clients. As a consequence, a number of Charlotte’s clients have been able to access treatments which they otherwise would not have been able to.
Contact us on 01792 529611 or email email@example.com.
We have offices in the following locations:
Swansea, Caerphilly, Cardiff, Carmarthen, Cowbridge, Fishguard, Haverfordwest, Pontypridd.