Mesothelioma Claims

Mesothelioma is a cancer of the pleura (lining) of the lung rather than the lung itself, it is usually caused by exposure to asbestos. Mesothelioma tumours can be distinguished from other non asbestos related cancers.

It is a very slow developing cancer with symptoms first appearing up to 60 years after exposure to asbestos although typically it appears between 30-40 years later.

If you're suffering from mesothelioma and you suspect it may be caused through being exposed to asbestos during your working life call us for free on 0800 054 6570 or get in touch via our enquiry form. We can advise if you might have a case for making a claim against your previous employers or their insurers.

Legal Duties on Employers

The first report into the damage asbestos can do was by a Government official as long ago as 1898, which described the the "evil effects of asbestos". The groundbreaking Price & Merewether Report, published in 1930 brought about specific Government legislation to govern the use and handling of asbestos: the Asbestos Industry Regulations 1931. Thereafter, numerous workplace statutes and regulations have been enacted to place duties on employers who required their workers to come into contact with asbestos. Sadly, those duties were often ignored by employers and corporations.

Claiming Compensation

Claims are usually made against the employer who exposed you to asbestos. Do not worry if your former employer is no longer trading. Even if the employer closed down many years ago, provided their insurers can be traced, it is still possible to bring a claim. The insurers of the employer or company who exposed you to asbestos will pay the claim. JMW have an extensive database of employers and insurers.

The basis of a claim is simple: if somebody or someone is negligent or breaches their duty of care to you and you develop an illness or injury, then financial compensation must be paid by the wrongdoer. As stated above, in most cases, the wrongdoer is the former employer, who is (hopefully) insured. The employer can be either a firm, company or a nationalised industry, such as the National Coal Board or British Rail. Also, it is also possible to bring a mesothelioma claim against the owner or occupier of a building. JMW have also brought claims for what is known as secondary exposure: eg a spouse washing her husband's contaminated overalls.

 

Some of our previous cases 

Retired plumber exposed to Asbestos causes Mesothelioma - £163,500 

Mesothelioma from Environmental Exposure - £715,000

Mesothelioma via working as a Heating Engineer - £160,000


Mesothelioma Claims

The Courts have recognised the special status of mesothelioma and acted accordingly. There are now specialist Courts set up in the major city centres, which administer a fast track system designed to quickly process the mesothelioma claim. The mesothelioma specialist Courts seek to have a full hearing, if needed, within four months of the claim being commenced. There is initially a preliminary hearing whereby the employer of their insurance company is asked to give good reasons why they should be allowed to defend the claim. If they cannot do so, Judgment will be entered in your favour - this means you will have won your claim. If so it is then a question of calculating the amount of the claim.

If the Court feels it is necessary to record your evidence, then you will still not have to attend Court. The Court will arrange for your evidence to recorded on DVD in the comfort of your own home. 

Remember, a mesothelioma claim must be commenced in a Court no later than 3 years from diagnosis. If the mesothelioma victim has already died, then the claim can still be brought by the family; certain documents have to be lodged in Court within 3 years from the date of death.

We at JMW want to make bringing a Mesothelioma Claim as straightforward and worry free as possible. That is why we have put together our own 8 Point Plan to make Mesothelioma Claims a priority.

JMW's 8 Point Plan for Mesothelioma Claims

  1. If you have mesothelioma, then one of JMW's team will visit you in your home (wherever you live in the UK). We will discuss your work history with you and obtain details of where and how you believe you came into contact with asbestos.
  2. A draft statement of your evidence will be prepared and sent to you. We will obtain copies of your medical records for you and your official employment history.
  3. An independent medical expert, usually a Consultant Chest Physician will be instructed by JMW. He will prepare a medical report which is required for the claims process. You will not need to travel to see the physician - the expert we instruct will also visit you at home.
  4. At the same time, we will investigate the history of your former employer if it is no longer trading. We will write to the employer, or the people who took it over and also their insurance company.
  5. We will prepare a calculation of your mesothelioma claim. The amount of compensation depends upon your particular circumstances but total compensation in excess of £100,000 is commonplace.
  6. If the insurers are willing to negotiate at this stage, we will do all we can to obtain a favourable settlement. If they do not, we will prepare the court papers, which will be lodged in the Court's fast track facility for mesothelioma victims and handled by a specialist Judge.
  7. The Judge will order the insurer to give good reasons why they should be allowed to defend the claim. If they cannot do so, the Judge will enter Judgment in your favour. You will then have won your claim.
  8. In any event, the Judge will list the claim for a Trial usually within 4 months of the commencement of proceedings. However, very few mesothelioma claims proceed to a full hearing or trial. The vast majority settle out of court.

In summary, JMW's specialist team offer the following for Mesothelioma Claim

  • Home visits (throughout England & Wales)
  • No Win No Fee
  • No cost to you or your family
  • No upfront fees or hidden charges
  • 100% of compensation is received by you
  • The service of experienced specialist lawyers, who do not act for employers or insurance companies
  • A willingness to take on the most complex of cases
  • Extensive knowledge of and a detailed understanding of the specialist fast tack court facility for sufferers of mesothelioma


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