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Q

What is mesothelioma?

A

Mesothelioma is a cancer of the lining (pleura) of the lung and the peritoneum caused by exposure to asbestos. When asbestos fibres are inhaled, they can become lodged in the lungs, leading to the development of cancerous tumours. It is incurable and is almost always fatal.

Q

Who is most at risk?

A

The following workers are most at risk of developing mesothelioma due to the increased likelihood of being exposed to asbestos at work:

• Construction workers
• Electricians
• Plant and machine operatives
• Metal machining, fitting and instrument-making tradespeople
• Transport drivers
• Production managers
• Secretaries and related occupations
• Healthcare professionals
• Teachers
• Sales assistants

Q

How does mesothelioma develop in the body?

A

Even minimal exposure to asbestos can pose a significant risk to the health of individuals who have been in the immediate vicinity. Because asbestos-related illnesses such as mesothelioma develop slowly, often taking years to be apparent, conditions can be difficult to detect. 

To demonstrate the impact that mesothelioma can have on the body, JMW has created a visual guide. Click here to view the guide.

Q

How do I know if I am eligible to make a mesothelioma claim?

A

You may be eligible to make a mesothelioma claim if:

• You were exposed to asbestos during employment, in a public environment, or through secondary exposure (such as washing clothing contaminated with asbestos).
• Your diagnosis has been confirmed by a medical professional.
• There is evidence linking your exposure to a specific source, such as an employer or landlord.

If the individual affected has passed away, family members may be able to pursue mesothelioma compensation for family members to cover medical expenses, loss of income, and other damages. Making a mesothelioma claim for family members carries the same time limits and expectations.

Q

Can I make a claim on behalf of a family member who died from mesothelioma?

A

You can make a claim on behalf of a family member who has died from mesothelioma. These claims are typically brought under the Fatal Accidents Act 1976 or the Law Reform (Miscellaneous Provisions) Act 1934. Compensation for mesothelioma in such cases can cover:

• The pain and suffering experienced by your loved one.
• Funeral expenses and other costs incurred.
• Loss of financial support and services provided by the deceased.

The time limit is generally three years from the date of death.

Q

How much compensation can I receive for a mesothelioma claim?

A

The amount of compensation you can receive for a mesothelioma claim depends on several factors, including:

• The severity of the illness and its impact on your quality of life.
• Financial losses, such as loss of earnings, medical costs, and travel expenses for treatment.
• Pain and suffering, as well as emotional distress caused by the diagnosis.

Typical settlements for mesothelioma claims in the UK range from £100,000 to over £250,000, depending on the circumstances. In some cases, additional compensation may be awarded for the care and support provided by family members or professional carers.

Our specialist mesothelioma solicitors will work to ensure all aspects of your claim are thoroughly assessed to maximise your compensation.

Q

Is there a time limit for making a claim?

A

A mesothelioma claim must be commenced in court no later than three years from the date of knowledge of your or your loved one’s diagnosis. If a loved one has died from mesothelioma prior to the start of a claim, it can still be brought by the family. Certain documents have to be lodged in court within three years from the date of death.

Q

How long does the claims process take?

A

The length of time it takes to resolve a mesothelioma claim depends on the complexity of the case and whether liability is disputed. On average:

• Straightforward claims where liability is admitted can be resolved in as little as six to 12 months.
• More complex claims, such as those involving tracing old employers or insurance companies, can take longer, often 12 to 24 months.

If the affected person is seriously ill, the process can be expedited to secure interim payments quickly, ensuring urgent financial needs are met while the case progresses.

Q

Can I still make a claim if the company responsible for the asbestos exposure no longer exists?

A

You can still make a claim even if the company responsible for your asbestos exposure has ceased trading.

In these situations, compensation is usually sought from the company’s insurers. Employers in the UK are legally required to hold liability insurance, and insurers remain liable to pay claims even if the company has gone out of business.

Our mesothelioma solicitors have extensive experience in tracing old insurance policies and dealing with such claims, ensuring you are not disadvantaged if the responsible company no longer exists.

Q

Do I need to attend court?

A

In most mesothelioma compensation claims, it is unlikely that you will need to attend court. The majority of cases are resolved through negotiations between solicitors and the liable party's insurance company.

However, if a fair settlement cannot be reached, the claim may proceed to court. Even in these circumstances, your attendance may not always be required, as our mesothelioma solicitors can represent you and handle the proceedings on your behalf.

Our priority is to make the claims process as straightforward and stress-free as possible, allowing you to focus on your health and wellbeing.

Q

How much does it cost to make a claim?

A

At JMW, all of our personal injury claims, including those for mesothelioma, are handled on a no win, no fee basis. This means:

• You will not have to pay any legal fees upfront.
• If your claim is unsuccessful, you will not pay anything.
• If your claim is successful, the defendant covers the cost of any legal fees for mesothelioma claims, meaning you will receive 100% of the compensation.

Our mesothelioma solicitors will provide full transparency about costs at the outset, so there are no unexpected fees or financial risks involved.

Q

What is the difference between a mesothelioma claim and other asbestos-related disease claims?

A

The key difference lies in the nature of the illness and the legal approach:

• Mesothelioma claims:
• Mesothelioma is a malignant cancer exclusively caused by asbestos exposure.
• Unlike other asbestos-related diseases, there is no need to prove prolonged exposure to asbestos - any exposure, however brief, is sufficient for a claim.
• Compensation amounts are often higher due to the severity of the illness.
• Other asbestos-related disease claims:
• These include conditions such as asbestosis, pleural thickening, or asbestos-related lung cancer.
• Claims typically require evidence of prolonged or significant asbestos exposure.
• The compensation awarded depends on the severity of the disease and its impact on the claimant’s life.

Due to the life-threatening nature of mesothelioma, claims are often prioritised and handled more urgently. Our specialist mesothelioma solicitors will ensure your claim is managed efficiently and with care.