Bringing a claim for mesothelioma – what you might need to know

If you have recently been diagnosed with mesothelioma, and are unsure as to whether you can bring a claim for compensation, here we explain the key information you might need to know.

When bringing a claim for mesothelioma, we will first investigate how you were exposed to asbestos. We will start by taking a detailed account of your work history and life generally. We know what questions to ask to pin down where your asbestos exposure may have occurred.

Once we have determined where you were most likely exposed to asbestos, we will advise you about the best approach to take in your claim.

When you decide to commence a claim, we will first arrange to visit you in person – whether that be at home, in hospital, in a hospice, or at another place you choose – at a time to suit you to take a witness statement from you covering everything you can remember about your previous employments. Do not worry – we do not expect you to remember each and every employer or the specific dates you worked for them. We understand some things have happened many years ago. It is not a test, and we just want to talk to you about what you can remember.

We will also explore the possibility of you having been exposed to asbestos outside your work, for example during your childhood, whilst at school or through your parents’ or spouse/partner’s work. This will help us to consider all the possible ways in which you may have been exposed to asbestos.

In order to make a successful claim, we require evidence of asbestos exposure but we don’t expect our clients to gather this evidence without our help and guidance. We have detailed industry knowledge and can help you to piece everything together.

There is often very helpful information contained in your medical records and in your employment history from HMRC. We may even have acted for someone else who worked for the same employer and/or in the same industry and/or at the same site. A “witness appeal” can also result in helpful evidence being gathered as others who worked with you, or at the same premises may remember things you don’t. In addition, we may be able to obtain relevant records or documents from the company, archives or libraries.

We will do our best to gather relevant evidence and then explore all the options with you and advise you about the best way forward.

You may have heard of something called “limitation” in personal injury claims. The limitation period, or the time limit within which a claim should be brought, is generally three years. This is usually three years from the date that you were diagnosed with an asbestos-related disease.

Even if it has been longer than three years since you were diagnosed, please do still reach out to us. We have unique expertise in successfully bringing claims that are deemed “out of time” and so may still be able to help you.

Yes, you may be able to. It will depend on what basis your previous compensation settlement was made; it will have been settled on either a “provisional” basis or a “full and final” basis.

If you opted to settle your claim on a “provisional” basis then you can make a further claim if your condition has since deteriorated or you are diagnosed with another asbestos-related condition. This should be quite straightforward.

If you opted to settle your claim on a “full and final” basis then things will be more difficult. However, it may still be possible to claim. We pursued a successful claim under these circumstances in the landmark case of Lloyd v Humphreys & Glasgow Limited after two other firms and a specialist barrister had advised against it. It will depend on the specific circumstances, but we will consider them fully and advise you.

Yes, absolutely.

It is often the case that our clients’ employers went out of business years ago. We pride ourselves on tracing the insurers of these companies and bringing successful claims against them. We have often found insurers after other law firms have failed to do so.

If insurers cannot be traced, we will advise you about the best course of action. In mesothelioma claims, we can consider whether you might be eligible to claim through the Diffuse Mesothelioma Payment Scheme (“DMPS”). This scheme exists to compensate clients whose past employers have gone out of business and where no insurers can be traced, making a civil claim impossible. We can complete and submit the application on your behalf.

Yes, we can discuss your self-employment with you to see if you can make a claim. We find that many of our self-employed clients sub-contracted their services to companies who exercised a lot of control over them so that they were effectively treated as their employee.

It is definitely worthwhile contacting us even if you believe you worked under your own direction and control during your self-employment. It is often the case that we can establish an employer-employee relationship that amounts to a duty of care being owed. Alternatively, it may be possible to bring a claim against the occupiers of the premises you worked in at the time.

Yes; if you were exposed to asbestos dust in England or Wales, or whilst employed by a company based there. We have represented many ex-pats.

The amount you can claim for mesothelioma varies widely and depends on a range of factors specific to your individual circumstances. Usually, the compensation for mesothelioma is in excess of £100,000.

Yes. If treatments not available through the NHS are recommended to you by your treating oncologist, then we can seek payments to cover the cost of the treatments through your claim. However, liability must first be resolved before the defendant will pay. If you do not need treatment whilst your claim is ongoing, we will seek what is known as an Indemnity Agreement from the defendant so they will also pay any private treatment costs in the future should such treatment be recommended, even after your claim has concluded.

We fund all claims under a Conditional Fee Agreement (“CFA”). This is known colloquially as a “No Win, No Fee” agreement. Under a CFA, we recover your legal fees from the defendant/s if your claim is successful. If your claim is not successful, our fees are written off. This means you do not have to pay anything to make a claim.

Where a claim is unsuccessful, we recover any expenses we may have incurred for medical reports, court fees and so on under an insurance policy. If your claim is successful, the defendant/s will pay these expenses and the premium on the insurance policy. If your claim is unsuccessful, the insurance policy is self-insuring and so the premium is not payable either.

No; you will receive 100% of any compensation. We do not deduct anything towards legal fees in UK civil claims.

If you’re unhappy with the service you’re getting from your current solicitors or have had your claim turned down by another firm, then please get in touch with us. We may be able to take over your claim.

We have brought many successful claims for clients who have previously been advised by other firms that their claims are likely to fail and they are unable to investigate their claim further. We strive to achieve the very best results for our clients and pride ourselves on these successes.

The handover process is a straightforward one. We will write to your current solicitors, review their file of papers and assess your claim with a fresh pair of eyes, making sure that no stone is left unturned. We will then advise you whether we can take over your claim.

Where a person is believed to have died from an asbestos-related disease, the doctor who signs the death certificate must inform the coroner. The coroner will open an inquest and a post-mortem examination may be necessary, although not always particularly if you had a biopsy which confirmed you had mesothelioma when you first became ill. Ultimately, the coroner will confirm the cause of death.

We can advise you about the coronial process, assist you during the process and ensure it runs as smoothly as possible.