Claims for damages in personal injury cases in England and Wales are subject to the personal injury discount rate (PIDR). This key element for the calculation of compensation in personal injury cases is vital for ensuring fairness when assessing the...
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Mesothelioma compensation claims solicitors
Mesothelioma is a rare form of cancer caused by exposure to asbestos and can take many years to develop in a person. Once diagnosed treatment will be available to control the disease for as long as possible and keep symptoms under control. However, there is currently no cure for the disease, making it a terminal illness.
This has a huge effect on people diagnosed with mesothelioma as well as their families who have to come to terms with losing a loved one, often prematurely.
If you have been exposed to asbestos which has caused you to develop mesothelioma, you could be entitled to compensation. Getting the right legal advice at the earliest opportunity is vital, call our specialist solicitors on 0161 696 6235.
This guide explains more about mesothelioma and what you can do – with our help and support – to obtain the compensation you and your family deserve.
What is a mesothelioma compensation claim?
A mesothelioma compensation claim is a legal process where victims or their families seek financial compensation from companies responsible for exposing them to asbestos and causing them to develop mesothelioma. Compensation received for a successful claim can help towards lost wages, pain and suffering, and other damages associated with the disease.
Why choose our mesothelioma claims solicitors?
If you or a loved one have been diagnosed with mesothelioma due to asbestos exposure, it's important to seek compensation to support your medical expenses and care, and help secure financial stability. Our expert mesothelioma compensation claims solicitors are here to guide you through the legal process and fight for the compensation you deserve.
At Stephensons, our personal injury lawyers have years of experience and specialise in handling mesothelioma cases. We understand the complexities of this disease and the impact it can have on your life and family. With our expertise, we can quickly evaluate your case, determine the viability of a compensation claim, and help you navigate the legal system. It is important to secure evidence from you at an early stage, whilst you are well enough to provide clear information about your exposure.
At Stephensons, we pride ourselves on providing exceptional client service. We continuously adapt our services to meet the evolving needs of our clients, ensuring that you receive the support and guidance you require. Our team has been recognised for their excellence in the legal industry, having been awarded 'Personal Injury/Clinical Negligence Team of the Year' at the 2022 Manchester Legal Awards and commended in The Times Best Law Firms 2019.
To start your journey towards mesothelioma compensation, simply give us a call on 0161 696 6235 for a confidential conversation. We are here to fight for your rights and aim to secure the compensation you deserve.
How can our mesothelioma compensation claims solicitors help?
At Stephensons, our experienced mesothelioma compensation claims solicitors are here to provide you with expert legal guidance and support during this challenging time. With our deep understanding of asbestos-related illnesses and their devastating impact on victims and their families, we strive to ensure you claim the maximum compensation you deserve. Our dedicated team will work tirelessly to investigate the source of asbestos exposure, gather evidence, and build a strong case on your behalf. We will also provide you with personalised advice, ensuring you are well-informed about your legal rights and options. Trust in our expertise to help you navigate the complex legal process and fight for the justice you deserve.
Can you claim compensation for mesothelioma?
Yes, individuals diagnosed with mesothelioma can often claim compensation. This typically involves filing a compensation claim against the party responsible for asbestos exposure, such as an employer or manufacturer. Compensation may cover medical and care costs, lost wages, pain and suffering, and other related damages. It is advised to consult with a solicitor experienced in asbestos claims for a better understanding of the specific process and eligibility.
How do I claim for mesothelioma compensation?
To claim for mesothelioma compensation, your solicitor will gather medical records and evidence of asbestos exposure, take care of the legal paperwork and negotiate a settlement or go to court if needed.
How do I prove my mesothelioma claim?
To prove your mesothelioma claim, your solicitor will gather evidence such as medical records, doctor's statements, other reports, and diagnostic imaging. If you can, you'll be asked to document your asbestos exposure history, including time, place, and duration. Your solicitor can also help to obtain testimonies from witnesses who can support your claim.
How long do I have to make a claim for mesothelioma?
The time limit to make a claim for mesothelioma is usually three years from diagnosis of the condition, but there can be exceptions. Speak to an experienced solicitor to check your specific circumstances.
How long does a mesothelioma compensation claim take?
The time it takes for a mesothelioma compensation claim varies depending on various factors such as the specific details of the case, the complexity of the claim, and the cooperation of the parties involved. It can take anywhere from several months to a few years to reach a settlement or go to court.
What is the average payout for a mesothelioma claim?
The average compensation payout for a mesothelioma claim can vary significantly depending on various factors such as the severity of the illness, the extent of asbestos exposure, and individual circumstances, such as future care needs. Your solicitor will be able to assess your claim and provide an estimate.
Does everyone with mesothelioma get a settlement?
No, not everyone with mesothelioma gets a settlement as not every claim is successful. In order for a claim to succeed, the other party needs to either admit liability and agree to settle, or the court needs to decide that they are liable.
Contact our mesothelioma compensation claims solicitors
If you believe you may be entitled to compensation for an accident or injury, our experienced solicitors are here to help. Contact us today by calling 0161 696 6235 or filling out our online enquiry form. We specialise in a variety of claims, including industrial disease cases like mesothelioma.
Mesothelioma case study
A Turner & Newall Asbestos Trust case for mesothelioma which proved fatal. The Turner & Newall Asbestos Trust claims scheme only allows those claiming to receive a dividend payment and not the full value of the claim due to the limitations of the scheme with the Trust. We advised and assisted the bereaved family in obtaining over £93,000 from the Trust scheme. Find out more
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Obtaining mesothelioma compensation step-by-step
With Stephensons’ help, there are a number of steps you can take to claim compensation for developing mesothelioma:
1. Apply for Industrial Injuries Disablement Benefit
You are entitled to this if you are ill or disabled because of an accident or disease caused by work. A medical advisor assesses your
level of disability and this will affect the weekly payment you receive.
2. Claim under the Pneumoconiosis etc (Workers’ Compensation) Act 1979
You can claim by providing a letter from a nurse, doctor or consultant which proves you have the disease and when you were diagnosed. Families can also claim if the victim has died and has not already claimed a lump sum payment.
3. Make a civil claim against a former employer and their insurers
This is where having the right legal advice really counts. If we can trace the company, and it has the finances to pay compensation, we will proceed with a letter of claim.
If a company is no longer in existence, we may have to reinstate the business and trace its former directors to seek compensation. This can involve searching databases and consulting trade associations to find those connected with your former employer.
We handle this research for you, using a variety of methods including online searches and social media to find the people involved in companies no longer trading and to trace potential witnesses whose evidence can support your claim. This might include examples of how workers like you were exposed to asbestos without respiratory protection.
4. Taking video evidence from the client
We will record your evidence on video (known as a deposition) to ensure we have everything we need to win your case in the event that you are not able to appear in court.
This can be done at your home and would involve a barrister and your solicitor. If the defence disputes our evidence, we might also need to obtain engineering evidence to support the case.
5. Outlining your financial losses
To show how much money you will lose through developing mesothelioma, you will need a schedule of earnings loss if you are still working when diagnosed. This must also include the loss of pension rights for family members if the disease stops you from working altogether. Loss of earnings can be significant for families, especially if victims are only in their 40s or 50s, as we have seen with some teachers who have developed mesothelioma.
6. Taking your case to court
Mesothelioma cases are handled by a special court process led by two dedicated High Court judges.
The length of a court case will depend on its complexity, such as tracing and restoring companies and obtaining full employment records of the victim from HM Revenue & Customs. We will be there with you throughout the process, keeping you as well as your family updated. The same applies to the coroner’s inquest after a loved one dies, where we will represent the family if questions need answering.
7. If your former employers cannot be traced
If your solicitor cannot trace your former employer where you were negligently exposed to asbestos, then the law allows you to seek compensation under the Diffuse Mesothelioma Payment Scheme 2014 which was brought into force to ensure that you can claim the full amount owed to you. However, this method of claim is the final option for you and requires evidence showing that you took every step possible to trace a former employer and their insurance company.
We have a team of expert industrial disease lawyers with many years’ experience handling industrial disease claims and a track record in claiming compensation for people suffering with mesothelioma and other asbestos-related illnesses.
Our lawyers are approachable, friendly and sympathetic, making the process of seeking compensation simpler and less confusing.
If you have been diagnosed with mesothelioma, or are suffering with symptoms which you think are related to the disease, get in touch with us. There are a number of funding options available to you, including no win, no fee arrangements.
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