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Mesothelioma Compensation Claims

If you’ve been diagnosed with mesothelioma, you’re probably worried about the future. Mesothelioma Compensation Claims gives you and your loved ones financial support and holds those responsible for the condition accountable.

The claims process can be challenging, but contacting a free legal advisory service will help you determine your eligibility and get access to professional mesothelioma solicitors.

Compensation can be the difference between peace of mind and an uncertain future. Please call 0800 234 6438 or use the online form for a free callback.

What is mesothelioma?

Mesothelioma is a rare type of cancer that’s associated with asbestos exposure. The condition is highly aggressive and often incurable, even with treatment. There are three sub-types of mesothelioma, including:

  • Pleural: The most common form of mesothelioma affects the lining of the lungs. Most people receive this diagnosis.
  • Peritoneum: This type of mesothelioma develops in the abdominal lining.
  • Pericardium: Some forms of the condition might impact the heart.
DID YOU KNOW: Research shows that female teachers are at a higher risk of asbestos-related illness than women in other occupations.

What causes mesothelioma?

All cancers begin due to a mutation within cell DNA, and the abnormalities that result from these mutations form a tumour. However, as an asbestos-related disease, mesothelioma occurs due to exposure.

While asbestos is a natural mineral, it can be dangerous when it breaks down and turns into dust. When inhaled, the dust fibres can settle in the body, causing irritation.

Over time, this irritation can turn into mesothelioma—but some people might inhale the fibres and never suffer any complications.

The common causes of asbestos exposure include:

  • Working with asbestos: People who regularly work with asbestos, including construction professionals, carpenters and factory employees, might breathe in the fibres.
  • Being in an environment that has asbestos: Teachers and other employees might not handle asbestos, but they can still suffer from exposure. Residential properties that use asbestos might also put inhabitants at risk.
  • Secondary exposure: Living with someone who works with asbestos can also put you at risk, as you can still inhale the fibres.

While more patient background is required, some people might have a higher risk of mesothelioma due to a family history of the condition. Having radiation therapy on your chest area might also make you more sensitive to asbestos-related diseases.

DID YOU KNOW: Men are much more likely to receive a diagnosis of mesothelioma than women, with the North East having the highest number of fatalities. (Source)

The symptoms and complications of a mesothelioma diagnosis

Asbestos dust can have a devastating impact on your ability to work, perform daily activities and enjoy life. The symptoms vary depending on the type of mesothelioma you have.

Pericardial mesothelioma symptoms include:

  • Chest pains
  • Problems breathing
  • Feeling weak
  • Problems performing general activities

Pleural mesothelioma symptoms include:

  • Frequent coughing
  • Chest pains
  • Weight loss
  • Lethargy
  • Lumps that form under the skin on your chest

Peritoneal mesothelioma symptoms include:

  • Bloated abdomen
  • Abdominal pain
  • Weight loss
  • A lack of appetite
  • Nausea
DID YOU KNOW: Research shows that on average, 2,700 new cases of the condition are diagnosed annually.

Complications associated with a mesothelioma diagnosis

Unfortunately, mesothelioma is often fatal, with limited treatment options. People who receive an early diagnosis could have a longer life expectancy with treatment, but most cases are diagnosed when the cancer is already advanced.

Many mesothelioma patients struggle to work or perform general activities due to the complications the condition causes. They include:

  • Fluid accumulation
  • Feeling breathless when performing simple tasks
  • Problems breathing
  • Being unable to swallow
  • Depression and anxiety

Who can make mesothelioma compensation claims?

Many people were exposed to asbestos through work or inhabiting a building—even though most manufacturers and construction companies were aware of the potential dangers. The material was widespread until 1999, but the ban didn’t reverse the effects of exposure.

Due to its complicated nature, mesothelioma is an aggressive cancer that’s challenging to treat. You might not be able to work or receive a terminal diagnosis, which will naturally leave you with financial worries.

If you can prove someone else was negligent for the condition, you can claim compensation and receive financial support. A no win no fee solicitor will act on your behalf and work hard to secure a monetary award that gives you peace of mind about the future.

Can I make a mesothelioma claim?

If you’re dealing with a chronic illness that wasn’t your fault, you have every right to seek mesothelioma compensation. While these claims can be more challenging than typical accident compensation cases, mesothelioma lawyers are highly experienced in performing investigations.

The first step to getting the ball rolling on the claims process is getting free legal advice on 0800 234 6438. A trained advisor will assess your case and connect you with a solicitor who handles everything.

You can also use the online form for a free callback.

What is the time limit for making a mesothelioma compensation claim?

As with all compensation claim time limits, you have three years from the date of diagnosis to make a claim.

Mesothelioma sufferers can be exposed to asbestos fibres years before they develop any symptoms, and the guidelines in place mean you can make a legal claim when you’re diagnosed – even if it’s decades later.

Making a no win no fee mesothelioma compensation claim

While traditional solicitors will work on mesothelioma claims, it’s important to remember that these professionals often operate on an hourly rate. Simply put, you’ll need to pay the lawyer their hourly fee; there’s no guarantee they’ll even win the case.

No win no fee mesothelioma claims work differently, because your solicitor agrees to take on the case and doesn’t charge upfront payments. Instead, they’ll take their fees out of your compensation if you settle with the negligent party.

No financial risks are associated with conditional fee agreements, and you won’t be out of pocket if you lose your asbestos claim.

Putting a case together

Asbestos claims work differently than other forms of compensation because your initial exposure could occur years before. Your solicitor will need to investigate the case, examine your employment history, and evaluate where the exposure initially occurred.

For example, if your solicitor can trace previous employees and they have mesothelioma or asbestos-related lung cancer, your case will be easier to prove.

Previous company records will also help your solicitor determine whether the company used asbestos.

Initiating negotiations

Once your solicitor feels they have a strong enough case, they’ll begin asbestos litigation with the negligent party’s insurance provider or legal representatives. If the negligent party is willing to admit you were wrongfully exposed to asbestos, the negotiations should be relatively smooth.

Sometimes, they’re drawn out, with counter-offers for compensation amounts, but your solicitor will update you throughout the process. If they feel court proceedings are the best option to secure maximum compensation, you can decide whether you want to settle.

Settlement and moving on

When both parties agree to compensation, your solicitor will take their fee out of your award, and you’ll receive the rest of the money. It’s yours to spend as you wish, with many mesothelioma victims using their compensation to replace lost earnings or pay for private treatments.

How long does it take for mesothelioma claims to settle?

It depends on whether your solicitor can find your previous employer and insurance provider. Claiming for an asbestos-related illness can take time, depending on how smoothly the negotiations go.

However, you won’t pay any legal fees unless your solicitor wins the case, so there are no risks with claiming. If the former employer’s insurer is willing to settle on the proposed amount, the timeframe will be much shorter.

Because the process can take some time, making a claim immediately after you’re diagnosed is best.

How much compensation could I receive?

The average mesothelioma compensation amounts differ depending on whether your employer will admit negligence and the extent of your condition.

These amounts generally fall between £16,000 and £123,000, but your final amount depends on how you make a claim and whether the negligent party is willing to accept responsibility.

In some cases, the employer’s insurer will also accept that a loved one might have to care for their spouse or family member, so your solicitor will factor these expenses into your claim.

Can I claim for mesothelioma if my previous employers cannot be found?

Asbestos claims require extensive legal expertise, as initial exposure takes years to develop into mesothelioma. For example, someone with mesothelioma might have a previous exposure to asbestos that dates back decades, and their former employer might not be around anymore.

Even if that is the case, the Employer’s Liability Insurance 1972 law means all businesses must have insurance policies. If they’re no longer operational, people can still claim compensation for asbestos diseases through the company.

The government also has an asbestos victims compensation scheme, which addresses people who cannot claim through a former employer or insurance provider. Claiming through the diffuse mesothelioma payment scheme means you could receive up to £123,000.

Can I claim compensation for mesothelioma on behalf of someone else?

If your spouse or next of kin passes away due to mesothelioma, you may be able to claim compensation on their behalf. Dealing with mortgage payments and general expenses can be challenging, but compensation is there to help you relieve some financial burdens.

Specialist asbestos lawyers will help you hold your loved one’s employer responsible, offering much-needed support.

Begin your mesothelioma claim today

Suffering from an asbestos-related condition can be a devastating experience. Compensation won’t change the pain and suffering of mesothelioma, but it can lift some weight off of your shoulders and allow you to focus on spending time with family members.

If you’d like to determine whether you can claim compensation, please get free legal advice through the online form or by calling 0800 234 6438. Specialist solicitors will work on your behalf to obtain the amount that you deserve.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.