Mesothelioma, a cancer of the protective lining of the lungs or abdomen, stands as one of the most serious diseases linked to asbestos exposure. With no known cure and sufferers often dying within months of diagnosis, pursuing legal claims for compensation becomes crucial for affected individuals and their families .
The Legal Basis for Mesothelioma Claims
Mesothelioma sufferers may be able to make claims for damages in civil courts based on employer negligence or breach of statutory duty . These claims seek compensation for medical expenses, lost income, pain and suffering, and other damages resulting from asbestos exposure.
The complexity of mesothelioma claims often stems from the long latency period between exposure and diagnosis—frequently 20 to 50 years. Identifying when and where exposure occurred can be challenging, particularly when individuals worked for multiple employers over their careers or were exposed indirectly through family members’ clothing.
Key Legal Protections for Mesothelioma Claimants
Provisions in the Compensation Act 2006 addressed a significant barrier to mesothelioma claims. The Act reversed the effect of a House of Lords decision in Barker v Corus UK Plc, which had made it difficult for claimants exposed by multiple employers to recover full compensation .
Under current law, where a mesothelioma sufferer has been negligently exposed to asbestos by more than one employer and it cannot be established where and when the fatal exposure occurred, any one employer can be pursued for full compensation . This provision significantly eases the burden on claimants who cannot prove which specific exposure caused their disease.
In certain circumstances, claimants other than employees can also bring successful claims . This includes family members exposed to asbestos brought home on workers’ clothing, neighbors of asbestos factories, and others with non-occupational exposure.
Funding and Legal Costs
The Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) reformed civil litigation funding for most claims by removing the recoverability of success fees and after-the-event insurance premiums from losing parties . However, mesothelioma claims received special treatment—these changes were not to apply until after government review.
Following legal challenges and required consultations, mesothelioma claims continue to benefit from different funding arrangements than other personal injury cases . This ensures that claimants can pursue compensation without bearing prohibitive costs, recognizing the unique circumstances of mesothelioma sufferers who often face limited life expectancy.
The Claims Process
Mesothelioma claims typically follow a structured process designed to move quickly given claimants’ limited time. Experienced asbestos attorneys gather evidence of exposure history, employment records, and medical documentation. They identify potentially responsible parties, which may include employers, product manufacturers, premises owners, and others who failed to protect against asbestos exposure.
Many claims resolve through settlement rather than trial. Defendants have strong incentives to settle mesothelioma claims promptly given the sympathetic nature of these cases and the urgency created by claimants’ health situations. However, if settlement cannot be reached, cases proceed to trial where juries determine compensation amounts.
Compensation Available
Damages in mesothelioma claims typically include several components. General damages compensate for pain, suffering, and loss of amenity—the physical and emotional impact of the disease. Special damages cover financial losses including medical expenses, care costs, lost income, and funeral expenses.
Family members may have separate claims. Dependents can claim for loss of financial support following the sufferer’s death. Claims under the Fatal Accidents Act allow spouses, children, and other dependents to recover for the financial impact of losing their loved one.
Time Limits for Claims
Mesothelioma claims are subject to statutes of limitations that vary by jurisdiction. In most cases, the clock starts running from the date of diagnosis or the date when the disease should reasonably have been discovered. Given the serious nature of mesothelioma, courts typically expedite these cases and may show flexibility with time limits given claimants’ circumstances.
Anyone diagnosed with mesothelioma or concerned about asbestos exposure should consult with an experienced asbestos attorney promptly. Early consultation ensures that evidence can be preserved, claims filed within applicable time limits, and families can access compensation to address medical costs and provide financial security.
