Mesothelioma claims

If you have been diagnosed with mesothelioma as a result of exposure to asbestos fibres at your workplace, including secondary exposure, you are entitled to make a claim for compensation. The prospect of claiming compensation can seem daunting, especially if you're dealing with severe mesothelioma symptoms, but the mesothelioma lawyers at JMW will make the process stress-free and simple.

Because our team specialises in successful mesothelioma claims, we understand the practical challenges that those experiencing the condition face. We have extensive knowledge of the fast-track court facility available for those affected by mesothelioma, and also offer home visits throughout England and Wales, to make things as easy as possible.

We work on a no win, no fee basis, which means there are no upfront costs, no hidden charges and no cost to you or your family if your case is unsuccessful. To speak to JMW about making a mesothelioma compensation claim, call us on 0345 872 6666, or fill in our online enquiry form and we will contact you at a time you specify.

How JMW Can Help

JMW's expert asbestos team has a wealth of experience in claims for mesothelioma compensation, and we can support you at all stages, from a free initial consultation to delivering the compensation you are owed. In most cases, our experience means that we can resolve claims informally, but where court proceedings are necessary, we are ready to represent you and take action against the organisation responsible for your illness.

Our seven-point plan below shows you how we will work with you on a mesothelioma claim:

We know that mesothelioma claims need to move quickly, and we concentrate on settling matters without waiting for court action. We are happy to visit you in person or contact you online if your mobility is affected by your illness.

Our team has a strong track record of successful mesothelioma claims on behalf of people with mesothelioma and eligible relatives. Members of our team are accredited by APIL (Association of Personal Injury Lawyers) and the Law Society Personal Injury Panel, and have been published in the RoSPA OS&H Journal and Financial Times on the risks of asbestos. Our thorough knowledge of both the law and the impact of mesothelioma on everything from day-to-day tasks to your average life expectancy, and we are ready to help as efficiently as possible.

Meet Our Team of Mesothelioma Claim Experts

JMW's specialist team has many years of experience helping people affected by mesothelioma to claim compensation, arrange expert medical support and secure the care they need. Our specialist asbestos team understands how a mesothelioma diagnosis can change your life, and we are ready to deliver the compensation you are owed.

Case Studies

What Is Mesothelioma and Who Can Make a Claim?

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

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 a former employer or landlord.

Any amount of exposure to asbestos can lead to the development of mesothelioma and a subsequent asbestos claim for compensation. With that said, your employment history has a big impact on your likelihood of developing mesothelioma and your right to a legal claim. The following workers are most at risk of developing mesothelioma due to the increased likelihood of being exposed to asbestos at work:

• Construction and demolition workers
• Electricians
• Power station workers
• Plumbers
• Insulators, laggers and heating engineers
• Boiler workers
• Carpenters and joiners
• Motor vehicle mechanics
• Shopfitters

This list is not exhaustive. For example, JMW have represented those affected by mesothelioma who were previously employed as school caretakers, teachers, office workers, healthcare workers, and in buildings where asbestos was removed.

While most mesothelioma claims concern individuals who have worked in the roles listed above, these are not the only ways that you can be exposed to asbestos and subsequently diagnosed with an asbestos-related disease. Mesothelioma is a malignant cancer caused exclusively by asbestos exposure and unlike other asbestos-related diseases (such as asbestosis, pleural thickening, or asbestos-related lung cancer), there is no need to prove prolonged exposure to asbestos. Any exposure, however brief, is usually sufficient for a claim.

As such, if you have been diagnosed with or are currently receiving treatment for mesothelioma, or have lost a loved one to the disease, whether or not exposure to asbestos happened at work, speak to one of JMW’s specialist solicitors as soon as possible to discuss your right to make a claim for compensation.

What Are the Types of Mesothelioma?

There are two main ways that mesothelioma is classified, but the most common is by the location in the body where it has developed (rather than by cell type).

Pleural mesothelioma (lining of the lungs)

Pleural mesothelioma is the most common type, and develops in the pleura, the thin membrane surrounding the lungs.

Peritoneal mesothelioma (lining of the abdomen)

Peritoneal mesothelioma develops in the peritoneum, which is the lining of the abdominal cavity.

There are many symptoms of mesothelioma that should prompt you to arrange a medical assessment as soon as possible. Symptoms can include:

• Loss of mobility
• Cough
• Shortness of breath
• Pain in the side of the chest or lower back
• Excessive sweating
• Weight loss
• Difficulty swallowing
• Fatigue

To demonstrate the impact that mesothelioma can have on the body, JMW has created a visual guide to how asbestos affects you.

Why Are Mesothelioma Claims Different?

Claims for mesothelioma are different from other asbestos-related disease claims, and from other types of occupational injury claims. Typically, there is a three-year time limit for these claims, but the latency period for mesothelioma to develop means that different considerations come into play.

The disease develops very slowly, with symptoms typically appearing between 40 to 50 years after exposure to asbestos, although in some cases, they can appear up to 60 years after exposure. Because asbestos-related illnesses such as mesothelioma develop slowly and conditions can be difficult to detect initially, diagnoses are usually made long after the asbestos exposure occurred.

It can also be difficult to get in touch with a former employer when a business is no longer trading, or to track down their insurance provider. The team at JMW has a wealth of experience in asbestos cases, including complicated mesothelioma compensation claims, and will pursue every avenue of enquiry to find the person or organisation responsible. Due to the life-threatening nature of mesothelioma, claims can be prioritised and handled more urgently.

Our specialist mesothelioma solicitors will identify the liable party to enable you to claim, and ensure your claim is managed efficiently and with care.

How Is Mesothelioma Compensation Calculated?

The amount of compensation you can receive for a mesothelioma claim depends on several factors. Compensation is broken down into two component parts, each of which is designed for a different type of loss related to your condition.

General damages

General damages are designed to account for the severity of the illness, the pain and suffering, the emotional distress caused by the diagnosis, and its impact on your quality of life. This calculation is based on the Judicial College Guidelines, which provide threshold compensation amounts for different types of injury and illness.

Special damages

Special damages account for all of the financial losses associated with your illness. These can include:

• Loss of earnings, if you had to stop working or reduce hours because of the condition. If you are unable to work, this can include the loss of future earnings.
• Medical treatment costs, including private healthcare, consultations, or treatments not covered by the NHS.
• Care and assistance expenses, whether for professional carers or for informal care from family members, which can be assigned a financial value to claim back the costs.
• Travel expenses for travel to and from hospital appointments.
• Home adaptations or modifications to accommodate your condition (such as stairlifts, hospital beds, mobility aids).
• Equipment like wheelchairs or oxygen supplies, where you need them.
• Funeral expenses, when a claim is brought by the estate after someone with mesothelioma has died.
• Services required around the home, such as DIY, that you are no longer able to do yourself.

How much compensation you receive depends on these two factors, and special damages in particular rely on evidence such as receipts, invoices and payslips to fully establish the extent of your losses. A successful claim will account for the full extent of your losses, and put you back into the position you would have occupied if you had not developed mesothelioma, as far as possible.

Interim payments

Once we have agreed liability with the responsible party (often your former employer's insurer), we will work to agree interim payments either through negotiations or through the court process. These are possible in circumstances where the full amount of compensation has not yet been agreed, and mean that you'll receive a portion of the secured compensation early. This can be vital in cases where someone has urgent medical needs, or where their life expectancy has decreased significantly.

Our specialist mesothelioma solicitors will work to ensure all aspects of your claim are thoroughly assessed to maximise your compensation. Typical settlements for mesothelioma claims in the UK range from £120,000 to over £250,000, depending on the circumstances. At JMW, we typically pursue claims under a conditional fee agreement, also called a no win, no fee claim, which means that there are no upfront legal costs and you can start the process with no financial risk.

Making a Mesothelioma Claim After a Loved One Has Died

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.
• Dependency on pension income.

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

Government Support and Benefits

In the UK, people diagnosed with mesothelioma can access a range of government support and benefits. These are designed to provide financial support quickly, given the serious nature of the illness, and make it easier for you to manage any financial impact while you begin the claims process.

Government support that you may be entitled to receive includes:

• Industrial Injuries Disablement Benefit, which is paid weekly based on your level of disability. Mesothelioma is usually assessed at 100% disablement. You will qualify for this benefit if you can prove that exposure happened at work and was responsible for your disease.
• A one-off lump sum payment under the Diffuse Mesothelioma Payment Scheme (DMPS), which may be available if you can’t claim compensation from an employer (e.g. if the company no longer exists).
• A lump sum payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 or the 2008 Diffuse Mesothelioma Scheme.
• Personal Independence Payments or Attendance Allowance, depending on whether you are above or below state pension age. This aims to help with daily living and care needs, and is therefore not based on employment.
• Employment and Support Allowance, a type of income support for people who are unable to work due to illness.
• Universal Credit means-tested benefits for people on low income or unable to work, including an additional element for health conditions and housing.

If someone cares for you for at least 35 hours per week, they may qualify for carer's allowances. Alternatively, if the person has passed away, their dependants may claim a Bereavement Support Payment and the continuation of certain types of support, alongside a claim.

How Long Does a Mesothelioma Claim Take?

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 and ensure that urgent financial needs are met while the case progresses.

Secondary and Para-Occupational Exposure

Mesothelioma can develop even through minimal exposure to asbestos, which means that certain types of second-hand exposure can also entitle you to claim. Secondary exposure and para-occupational exposure both refer to being exposed to asbestos indirectly, rather than through your job.

Para-occupational exposure refers to asbestos exposure that happens because of someone else’s occupation. It usually means that fibres or dust were brought into the home, and that exposure occurred while a family member was in close contact with a worker after their work had finished, or while washing or handling a worker’s dusty clothes.

Secondary exposure is a broad term for any indirect exposure to asbestos. It could involve contact with contaminated clothing, tools or equipment, or with someone who works in an industry where asbestos may be present (such as construction or shipbuilding). Alternatively, it may have come from being in an environment where asbestos dust was present (such as near a worksite).

Why Choose JMW for a Mesothelioma Claim?

JMW's team has a strong track record of successful claims for mesothelioma and other asbestos-related diseases. Our thorough understanding of the law enables us to maximise your compensation and ensure you receive 100% of the amount we secure. Further, our work with other clients who have experienced mesothelioma means that we understand the types of support you may need. We work quickly, fast-track claims wherever possible, and conduct meetings online or at your home if you are unable to travel with your condition.

Many members of our team have been accredited by APIL (Association of Personal Injury Lawyers) and the Law Society Personal Injury Panel. Both of these accreditations recognise the quality of our service and the successful approach we take. We believe that anyone who has been diagnosed by cancer caused by poor conditions in their workplace should be compensated for their experience and given the support they need to adjust to their new circumstances.

If you have been diagnosed with mesothelioma, speak to our experts for advice on how a claim could work and how much compensation you may be owed.

Q

How do I prove I was exposed to asbestos decades ago?

A

There are several types of evidence that we will use to prove that you have developed mesothelioma and that it was caused by asbestos exposure. We will have an independent medical expert review your medical records to give a professional opinion on your condition and its causes. We will collect witness statements from anyone who may remember the circumstances under which you were exposed to asbestos, and an extensive database of evidence related to specific employers or workplaces that can show the presence of asbestos.

Q

Can I still claim if my employer 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.

If it is not possible to trace a previous employer or insurance company, a claim can be made against the Diffuse Mesothelioma Payment Scheme. People diagnosed with mesothelioma after July 25th 2012 can apply for 100% of the average compensation award under the DMPS. It is not enough to simply show that you have the condition; you must also prove that you would have had a good case if an employer or insurance company could have been traced.

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

Can I claim if I have already accepted a DMPS payment?

A

If you have previously pursued a claim through the DMPS but later identify an employer or other liable party, it may not be too late to make a mesothelioma claim against them. In many cases, it is still possible to make a civil claim for compensation after receiving DMPS compensation. Contact the team at JMW for advice if you find yourself in this position.

Q

How long do I have to make a mesothelioma claim?

A

A mesothelioma claim must be started 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, even if the matter is likely to be settled without going to court.

Q

Do I need to attend a court hearing?

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

Are mesothelioma claims handled on a no win, no fee basis?

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 support is available for patients and families?

A

A range of care is available to people living with mesothelioma. Compensation can cover the costs of palliative care services to manage symptoms and improve your quality of life, beyond just end-of-life care. The NHS may also provide treatment for certain symptoms and help you to maintain your lifestyle as far as possible.

Counselling services may be available through charities or the NHS, for both patients and family members coping with a diagnosis. This can help you to deal with the mental health impact of a mesothelioma diagnosis, alongside the physical symptoms.