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Facts About Mesothelioma
- Mesothelioma is a rare but serious type of cancer that has no cure.
- It is a terminal illness that is contracted by exposure to asbestos or more specifically by breathing in asbestos fibre or asbestos dust.
- Exposure to asbestos is the only known cause of mesothelioma.
- The disease can develop after exposure to relatively low levels of asbestos.
- After the first exposure, the symptoms of the disease can take between 20 to 50 years to develop.
- There are 2 main types of the disease – Pleural Mesothelioma, in which a tumour forms on the lining of the lungs and Peritoneal Mesothelioma, which is a tumour that forms on the lining of the peritoneum in the abdomen. More information on the two types of the disease can be found here.
One of the most significant differences between mesothelioma and other asbestos-related diseases is that mesothelioma can develop even if the exposure occurs over a comparatively short period of time, or if an individual is exposed to relatively low levels of asbestos.
If you have contracted this fatal disease, you may be entitled to file a mesothelioma claim to compensate for your loss of income, physical and mental suffering, ongoing medical expenses and cost incurred for nursing care. In fatal cases, the compensation claim can also include funeral expenses.
Two Unique Features Of Mesothelioma Claims
Because of the nature of the disease and the short interval between diagnosis and death, a special court procedure has been established for speeding up the process for mesothelioma claims. A verdict or settlement is usually reached within a year of filing.
It is not only individuals working in an asbestos polluted workplace who are entitled to file a mesothelioma compensation claim. Workers’ family members who may have been exposed to the dust on their clothes and hair are also entitled to compensation as are homeowners who live in the vicinity of the workplace and who may have been exposed to asbestos even for a short period of time.
Filing A Successful Mesothelioma Claim
For a mesothelioma compensation claim to be successful, it needs to meet these requirements:
- A medical report stating a diagnosis of mesothelioma.
- Proof that exposure to asbestos occurred while on that particular job and this exposure was the direct cause of the illness.
- Proof that the employer was aware of asbestos related risks yet failed to follow standard safety regulations as mandated by the law, resulting in unnecessary and dangerous exposure to asbestos.
Meeting all three of these requirements will increase your chances of filing a successful compensation claim for mesothelioma. What is most important to remember is that these asbestos claims have very strict limits in place. It is best to initiate proceedings as soon as possible.
How Do You Show That An Employer Is Legally Responsible For Your Disease And Is Liable To Settle Your Claim For Compensation?
There are certain laws introduced in the UK that can help you determine what falls within your employer’s legal responsibility and what doesn’t.
- The dangers of asbestos inhalation became known in the early 1990s. Anyone who contracted mesothelioma due to asbestos exposure that occurred prior to that may not have sufficient grounds for filing a compensation claim against their employers.
- After the dangers of asbestos inhalation became known, employers were legally required to take specific safety steps to minimise risk by conducting risk assessments, putting in place precautionary measures and providing workers with information and proper protective gear. Contracting mesothelioma despite all of these measures implies that the employer may have been negligent in one or more of the areas. In this case the employer may be responsible for settling your claim for compensation.
Take Advantage Of The No Win No Fee Policy When Filing A Mesothelioma Claim
The best way to file a claim for compensation for mesothelioma is by seeking the help of a personal injury solicitor experienced in handling mesothelioma claims. The more experienced the solicitor is, the higher the chances of obtaining substantial damages.
When you take into consideration ongoing mesothelioma treatments and loss of income due to the disease, seeking legal advice may seem like an unaffordable option. However, you should know that most reputed personal injury solicitors operate under a No Win No Fee Policy. What this means is that they will first evaluate the strength of your case and if you have a strong case they will offer to fight your case without taking any upfront fees.
They will only take a fee after they have been successful in obtaining compensation on your behalf. This allows you to keep up with your ongoing treatment and other expenses and you only have to pay your lawyer after you’ve received the compensation.