Mesothelioma Claims

If you have been diagnosed with mesothelioma as a result of exposure to asbestos at your workplace, you are entitled to make a claim for compensation. The prospect of claiming compensation may seem daunting to many, but the expert solicitors at JMW will make the process as stress-free and efficient as possible.

If you or a loved one have received a mesothelioma diagnosis and suspect your disease may have been caused through being exposed to asbestos during your working life, call us on 0800 054 6570 or get in touch via our online contact form and we will contact you at a time you specify. 

Mesothelioma Explained

Mesothelioma is a cancer of the lining (pleura) of the lung, and the peritoneum, and it is 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. It is also responsible for over 2,000 deaths a year in Great Britain alone.

Symptoms, Prognosis and Treatment

The disease develops very slowly, with symptoms typically appearing between 30 to 40 years after exposure to asbestos, although sometimes they can appear up to 60 years after exposure.

If you develop symptoms of mesothelioma, you should arrange a medical assessment as soon as possible. Symptoms can include:

  • Fever
  • Cough
  • Shortness of breath
  • Pain in the side of the chest and lower back
  • Excessive sweating
  • Weight loss
  • Difficulty swallowing

If you have been diagnosed, are currently being treated or a loved one has died from mesothelioma, you should speak to a legal expert as soon as possible to discuss your options and to make a claim for compensation. 

Workers Most At Risk

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
  • Those in the metal machining, fitting and instrument-making trade
  • Transport drivers
  • Production managers
  • Secretary and related occupations
  • Healthcare professionals
  • Teachers
  • Sales assistants

Claiming Compensation

Claims are usually made against the employer under whose employment you were exposed to asbestos. This remains the case even when the employer in question has ceased training. As a compensation award is ultimately paid out by the insurer of the company itself, provided the company’s trading and insurance details can be traced, it is not necessary for your former employer to be trading at the point in time you make your claim. 

It is also possible for compensation to be secured even when no insurer can be located.  Your lawyer will advise what the procedure is, when this is the case. 

The basis of a claim of this nature is simple: if somebody is negligent or breaches their duty of care to you and you develop an illness or injury, you are entitled to financial compensation.

JMW has also successfully secured compensation settlements for what is known as secondary exposure, for example a spouse being exposed to asbestos by washing their partner’s contaminated overalls.

Three-Year Time Limit

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

Our Approach to Claims

At JMW, we have a team dedicated to mesothelioma claims. With years of experience behind us, we will work with you in a sensitive and efficient manner during this difficult time to ensure you get the result that you deserve.

We have put together our own Eight-Point Plan to show how we will work with you on a mesothelioma claim:

  1. If you have mesothelioma, one of JMW's team will visit you in your home (wherever you live in the UK). We will discuss your work history 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 for your approval. We will obtain copies of your medical records for you, as well as your official employment history.

  3. An independent medical expert, usually a consultant chest physician, will be instructed by JMW. They 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 even if it is no longer trading. We will write to the employer, or the organisation 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 a six-figure compensation award is relatively commonplace. 

  6. If the defendant’s insurers are willing to negotiate at this stage, we will do all we can to obtain a favourable settlement. If they are 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 and we will proceed to negotiate a settlement with the insurer.

  8. In any event, the judge will list the claim for a trial usually within four 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.

Why Choose JMW?

There are many benefits of choosing to work with our specialist team on your mesothelioma claim.

We have an extensive knowledge of the specialist fast-track court facility for sufferers of mesothelioma, and also offer home visits throughout England and Wales.

What’s more, we work on a no win, no fee basis, which means no upfront costs, no hidden charges and no cost to you and your family if your case is unsuccessful. If you are successful, you keep 100% of the compensation received. 

Talk to us

If you have been diagnosed with mesothelioma, it is essential that you seek legal advice as a matter of the utmost urgency. To speak to a specialist lawyer about your case, call JMW today on 0800 054 6570 or complete our online enquiry form and we will be in touch. 

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