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Mesothelioma claims

Mesothelioma claims can affect up to 3,000 people in the UK each year. If you’ve been exposed to asbestos at work or somewhere you regularly spent time, you may have developed this devastating illness. Start your no win, no fee mesothelioma claim with Express Solicitors today to get your life back on track.

Last updated on January 20th, 2022.

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Key points for making an injury claim

The most important things to remember when making a mesothelioma compensation claim:

  • You can claim for mesothelioma even if your symptoms developed later
  • You have three years from your diagnosis to make a claim
  • You will need proof that somebody was negligent, such as your employer
  • You can claim on a no win, no fee basis.

Mesothelioma compensation claims

Mesothelioma compensation claims are an asbestos-related compensation claim. Mesothelioma is a condition that can develop after exposure to asbestos, for example, in the UK construction industry. At Express Solicitors, we offer specialist industrial disease solicitors who can handle your asbestos claims.

We have also signed the Mesothelioma Patient Charter, which helps mesothelioma patients and their families get access to legal advice. For expert advice and a free consultation, call us today and start your mesothelioma claim.

What is mesothelioma?

Mesothelioma is a type of cancer that can affect the lining of the lungs, heart or abdomen. According to Cancer Research UK, 94% of mesothelioma cases are preventable – and they can affect up to 3,000 people each year.

The disease comes in three forms. Pleural mesothelioma causes tumours in the lungs, while peritoneal mesothelioma causes tumours in the lining of the abdomen. Pericardial mesothelioma is much rarer, but can affect the lining of the heart.

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What causes mesothelioma?

Mesothelioma is caused by exposure to asbestos, for example, if somebody breathes in dust particles containing it. While mesothelioma is rare, it is particularly worrying as patients do not need to have high exposure to asbestos. The symptoms can take anywhere from 20 to 50 years to develop. Whatever your circumstances, our trained mesothelioma injury solicitors are here to help.

Who can make a mesothelioma claim?

You can make a mesothelioma claim if you were in an environment where you were exposed to asbestos and your health suffered. Most often, these are working environments in the construction industry. However, you may also have been affected indirectly – such as if a loved one had asbestos fibres on their clothing.

Types of mesothelioma claims

You can make mesothelioma claims for pleural, peritoneal or pericardial mesothelioma. Usually, your claim would be made against an employer. This affects any employers who exposed you to asbestos after 1999, which is when the use of asbestos was banned in the UK.

However, we can still help you make a mesothelioma claim if you were exposed before this year. Your employer has a responsibility to keep you safe, and if they did not, for example, by failing to offer protective gear, then you could claim.

We can also help if your claim was not related to your working environment. For example, if a spouse regularly worked with asbestos and fibres from their clothing got into your lungs, you could make a no win, no fee mesothelioma claim.

Who pays for mesothelioma compensation claims?

Your mesothelioma claim will be paid for out of insurance. For industrial disease claims, this would come out of your employer’s liability insurance. In rarer cases, for example, if you were somehow exposed to asbestos in public, your claim would come out of the organisation’s public liability insurance.

How to claim for an accident at work

Want to know more about claiming for an accident at work. Jargon free, we’ll explain your legal rights, letting you know everything you need to know about claiming.

How much compensation can I claim for an accident at work?

Read our accident at work legal guides to understand your legal rights and how much compensation you may be able to claim.

How do I make a mesothelioma claim?

To make a mesothelioma compensation claim, start by contacting our expert personal injury solicitors. We usually advise you contact us as soon as you have been diagnosed, but we may also be able to help if you think you’ve been exposed to asbestos. We can advise you to keep an eye on your symptoms and help you to gather evidence should you need to claim later on.

Next, we’ll help you to gather any evidence including:

  • Your work history and tasks that may have put you at risk
  • Medical notes from your doctor
  • Receipts or proof of losses from medical treatment or time off work.

We will then send a ‘letter of claim’ to the insurer responsible, for example, your employer’s liability insurer. While we’re waiting to hear back, we will begin calculating a compensation figure based on your injury, any financial losses, and the long-term effects on your life. We may also offer you a medical examination to provide extra evidence, or connect you to charities such as Mesothelioma UK.

If the insurer admits fault, you will receive your compensation minus our fees. We handle the majority of our mesothelioma claims on a no win, no fee basis, so you’ll only pay if we’re successful. If they do not admit fault, we may issue court proceedings, but it’s very unlikely you’ll actually have to go to court.

We always recommend getting in touch with our personal injury solicitors as soon as possible. This is particularly important if you’re going through chemotherapy, which may affect your judgement and overall health.

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How long does a mesothelioma claim take?

Mesothelioma claims can take longer than other personal injury claims. As an industrial disease claim, there is a more complicated investigatory process for this type of case, particularly if your employer is no longer trading. We try to settle all mesothelioma claims within two years but we will keep you informed, and may be able to arrange early compensation payments. These can help to pay for medical treatment while you’re waiting.

How much mesothelioma compensation can I claim?

The average compensation for mesothelioma claims is between £53,000 and £96,000. This is based on guidelines from the Judicial Board, which analyses compensation amounts from historical cases.

However, there are no set mesothelioma claim amounts as every case is treated individually. When we assess your claim, we are looking at three things:

  1. General damages – the extent of your mesothelioma injury, such as changes to your life expectancy from a cancer diagnosis
  2. Special damages – any financial losses, such as time taken off work or payment for travel to medical appointments.
  3. Long-term impacts on your life, such as chemotherapy or a reduced life expectancy.

Do mesothelioma claims have a time limit?

You generally have three years from the date of diagnosis to make a mesothelioma compensation claim. Your diagnosis must state that your condition was related to asbestos exposure. If you’re claiming on behalf of somebody who has died, then the mesothelioma claim time limit is three years from the date of their death or coroner’s report.

Frequently asked questions

Can I help somebody make a mesothelioma claim?

You may be able to help somebody make a mesothelioma claim if they are not well enough to do so. This would make you a ‘litigation friend’ and usually applies to those who are ‘mentally incapacitated’. We can advise you if you’re claiming on behalf of somebody else. You may also be able to present evidence, for example, if you were also affected by asbestos in the workplace.

Can I make a mesothelioma claim after a death?

You can make a mesothelioma claim on behalf of somebody who has died. This may help to cover financial losses, such as supporting your family. You would have three years to claim from the date of your loved one’s death. We can help you to gather evidence on their behalf.

Can I make a mesothelioma claim against a company that no longer exists?

You can make a mesothelioma claim even if the company no longer exists. This is because your no win, no fee claim is against the employer’s insurer, not the employer. Our expert solicitors can research who insured the company and make the claim against them.

Can I be fired for making a mesothelioma claim?

You cannot be fired for making a mesothelioma claim. There is no need to worry about making a claim against your existing employer. It will not affect the business directly as claims come out of the employer’s liability insurance. By law, your employer is not allowed to dismiss you or treat you differently if you have taken legal action.

Why you should choose Express Solicitors for your mesothelioma claim

At Express Solicitors, we understand how devastating a mesothelioma diagnosis can be, and we believe you deserve compensation if you were not at fault. As signatories of the Mesothelioma Patient Charter, we are proud to have helped others get the compensation they deserve for this life-changing condition. We can also help you with medical assistance and connect you with charities for added support.

Your mesothelioma claim will be handled on a no win, no fee basis, so you don’t need to worry about losing out or any up front costs. To move on and protect your family in the long term, contact Express Solicitors today.

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