Mesothelioma Claim Process
We have set out a general picture of how we deal with most mesothelioma cases and the timescales involved.
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Compensation for Mesothelioma
This page is a very simplified guide on Mesothelioma compensation. We strongly recommend you telephone us on our freephone number immediately after you have been diagnosed with an asbestos related condition so we can give you advice in relation to your individual case.
WE Solicitors specialise and have many years of experience in Mesothelioma compensation and acting on behalf of sufferers of the condition. We believe it is important that we shoulder the stress and burden of bringing the claim, allowing you to get on with your life without additional stress.
Mesothelioma Compensation from your employers
Once you have been diagnosed with an asbestos related condition you must seek legal advice as soon as possible.
There are time limits for making a claim for both government benefits and through the court system. The time limit generally for bringing court proceedings is within 3 years from when you were told about your asbestos related condition. If you are outside of this 3 year time limit then the courts have a discretion to still award you damages provided there is good reason for the delay.
If your former employer has gone out of business then you can still make a claim. We can undertake a process on your behalf to restore the company to the Register of Companies, which will technically bring the company back into being so it can be sued. The company will prob- ably not have any money or assets but you can then claim compensation from the employer liability insurers of the company, who provided insurance
cover at the time you were employed. There are many checks that we can do to locate the insurers of your former employers.
If you were diagnosed after July 2012 and we cannot find the company who insured your employers the government have outlined plans to award compensation to mesothelioma sufferers. We can help you with this application.
Large compensation payments can affect some benefits, but this can be prevented. It is important to note that if you are in receipt of certain means tested benefits then receiving any lump sum compensation may put you at risk of losing these benefits. You are able to preserve your benefits if you place your compensation in a personal injury trust. We will discuss this with you at the appropriate stage of your claim.
One last thing to note, do not become anxious or worried at instructing a solicitor. A good solicitor will always have your best interests in mind and will guide you through the whole process. It has always been very important to us that our clients do not suffer any further anxiety than they are already experiencing at this difficult time.
What can I claim?
You are entitled compensation for your pain and suffering. Mesothelioma claims attract damages of around £85,000 – £90,000 for the injury plus financial losses on top of this. The final amount will depend upon many factors including the period of time the illness lasts, the symptoms suffered, the age of the sufferer, any loss of earnings and the care required.
We will claim compensation for all past and future financial losses including care, loss of earnings or income and to pay for assistance with DIY and gardening, medical expenses. Many mesothelioma clients obtain compensation in excess of a £100,000.
If the sufferer has received care from a hospice, we solicitors enable the sufferer to include a claim on behalf of the hospice to make a financial contribution for the care received. This is held on trust and paid to the hospice. Many of our clients are pleased to be able to allow this contribution to be made. It is paid on top of the sufferer’s compensation so will not leave him/ her out of pocket.
How long does a claim take?
This depends on many factors such as whether the company or its insurers can be easily traced.
Mesothelioma, sufferers have a special court procedure to speed up the process. Court proceedings would be expected to be commenced within 6 months of receiving instructions and the case concluded at the most within 12 months.
Judges are generally quite sympathetic to people who have developed such serious illnesses and will do everything possible to have your case heard quickly.
For claims relating to Mesothelioma we guarantee 100% of your compensation*.
Our costs are paid by the other side after you have won your case. If you would like to start a claim click here or call us on 0800 294 3065.
*Subject to repayment of any applicable government benefits you may have received
If you or a family member have recently been diagnosed with Mesothelioma and want to know more about your right to claim and the process involved click the button or call us on 0800 294 3065.