Wednesday 30th March 2016
Asbestos Claims – Mesothelioma – Compensation – Solicitors
Mesothelioma is caused by the exposure and breathing in of of asbestos dust. Most causes of mesothelioma compensation cases are due to working in heavy industry over many years although quite a short period of work giving rise to asbestos exposure may be enough to contract mesothelioma.
Malignant cells develop in the mesothelium, which is a protective lining that covers some of the body’s lungs and internal organs. The disease mainly develops in the pleura (the outer lining of the lungs) but can also occur in the heart or in the peritoneum the abdominal cavity lining).
Most common symptoms of mesothelioma include:
- Shortness of Breath
- Weight Loss
- Chest Pains
- Chronic Cough
- Trouble Swallowing
Mesothelioma Compensation Solicitors
In a recent case the Widow obtained compensation for the pain and suffering of her husband in the sum of £85,000. It is a significant sum when you refer it to other awards within the same bracket of similar cases decided by the Court, but in our view, the amount is an insult to bereaved families considering the 2 years+ suffering and ultimate death. We would like to change the law in this area so please visit our fatal accidents claims website in connection with bereavement awards and sign our Government E-Petition.
How is Mesothelioma Compensation Calculated?
The Government has set up a scheme, please visit:
Mesothelioma Compensation Assessed by the Courts
The Judge in the Legal System is restricted to the compensation awards decided in ‘similar cases” decided in the past. Thus in the recent case of Mosson v Spousal (London) Ltd the Widow was awarded £85,000 compensation for the pain and suffering of her late husband following exposure to asbestos dust at work.
The mesothelioma compensation solicitor took legal action against the late husband’s former employers for other losses to the family such as funeral expenses, loss of earnings, dependency, bereavement awards etc. For what can be claimed following a fatal injury at work which includes a death from an industrial disease such as mesothelioma please visit our dedicated fatal injury website.
In the Mosson case, the Judge considered the Judicial College Guidelines which is a booklet that values human life and compensation injury awards.
There were arguments between both the Claimant and Defendant barristers at court before the Judge and the valuation of the mesothelioma compensation ranged between £53,200 to £95,700.
In the case the Judge took on board the following case law that considered similar cases where workers were exposed to the asbestos dust causing mesothelioma as follows:
i) Beesley v New Century Group Ltd EWHC 3033 (QB) Hamblen J;
ii) Fleet v Fleet EWHC 3166 (QB) Mackay J;
iii) Najib v John Laing Plc EWHC 1016 (QB) Nicola Davies J;
v) Knauer v Ministry of Justice EWHC 2553;  All ER (D) 250;
vi) Ghoorah v West Essex Clinical Commission Group [Lawtel, 5 December 2014] HHJ Allan Gore QC, sitting as a deputy High Court Judge: link to case summary.
The judge after taking on board the barristers’ submission and the case law, came to the conclusion that the mesothelioma compensation claim was for £85,000.
Advice on Making a Mesothelioma Compensation Claim
We have over 27 years of legal experience dealing with industrial disease cases involving exposure to asbestos dust giving rise to various asbestos related conditions including mesothelioma compensation.
Experienced solicitor will help you and/or your family get the medical diagnosis swiftly and help with the medical support and compensation payments. Just one call is all you need to obtain expert advice.
Contact the mesothelioma compensation solicitors now: