Mesothelioma claims

Mesothelioma is a cancer caused by exposure to asbestos. We have a long history of bringing successful claims following negligent exposure to asbestos.

Mesothelioma affects the membrane that lines the cavities of the chest and abdomen that surround the heart, lung and intestines. It most often occurs on the lining of the lung known as the pleura. Pleural mesothelioma causes the pleura to thicken, reducing the lungs’ ability to expand fully resulting in a feeling of breathlessness and increasing disability.

When can you make a mesothelioma compensation claim?

Employers are responsible for ensuring the health, safety and wellbeing of their employees and are legally bound to take action to minimise the risk of injury. Whilst the dangers of inhaling asbestos fibres have been known by scientists and engineers for much longer, it is accepted that all employers should have known about these dangers for well over 50 years. If you have been diagnosed with mesothelioma and believe that you were exposed to asbestos during the course of your employment, even if the exposure was decades ago, you may be entitled to claim compensation.

However, claims can arise in other ways, such as exposure to asbestos when laundering a loved one’s work clothes or when living in local authority housing.

If your loved one has already died as a result of mesothelioma, surviving family members such as a spouse, partner or children can also claim compensation.

How do I make a mesothelioma claim?

To help us build a case, think about the ways that you may have been exposed to asbestos. Very often, but not always, that exposure occurred during the course of your employment many years ago. Tell those treating you about your asbestos exposure. If you are well enough, write a clear account describing your exposure and try to obtain the names and contact details of witnesses who might be able to support your account. It is important that you seek legal advice quickly in order that our personal injury lawyers can take further details from you and obtain a signed witness statement.

If your loved one has already died, you may still be able to bring a claim.

Our personal injury team will provide a free initial consultation, advising you on whether you have a claim and the best way to proceed. If you are too ill to attend our offices, we will visit you at home to consider how you may have been exposed to asbestos and to take your witness evidence. We will advise you on any state benefits that you may be entitled to. It is often important that we gather evidence at the very outset, including taking statements from witnesses, that we obtain your employment history and, in historic cases of asbestos exposure, investigate the insurance position of the third party responsible for your exposure. We will contact the proposed defendant to seek an admission of liability and to secure interim compensation payments to help with your immediate financial needs and to fund medical treatment. Where liability is denied, we will advise you on the defendant’s case.

Our lawyers will gather evidence to help us to prove liability, the injuries you have suffered and the past and future financial losses you have incurred. We will liaise with the defendant’s representatives throughout and, when we are able to value your claim, negotiate with the other party to avoid court if possible. If court proceedings are necessary, we will deal with all court deadlines and guide you through the process to ensure that you feel comfortable and are able to get on with your life whilst the litigation continues.

How long do I have to make a mesothelioma claim?

There is a limitation period for pursuing compensation for injuries arising from personal injury. Court proceedings must be issued within three years of the date of the incident or (if later) three years from the time you first knew, or should have known, that you may have been injured as a result of the incident.

Where a person dies within those three years their personal representatives or dependants must issue court proceedings within three years of either the date of death or the date they knew, or (if later) ought to have known, that the person may have been injured as a result of the incident.

In certain circumstances a claim may be allowed to proceed even if time has run out. However, the important point to stress is that there is a time limit and that a claim, irrespective of its apparent merit, can become time barred. We advise that you therefore contact us about your potential case as soon as possible.

In cases involving asbestos exposure, the exposure usually occurred very many years – often decades – previously. If you have been diagnosed with mesothelioma, you have three years from the date of diagnosis to make a claim. If a loved one has died from mesothelioma, you have three years from the time you discovered asbestos was the cause. Regardless of when the exposure occurred, we can help you make a claim, even if your former employer is no longer in business, or you are unsure of when or where you were exposed.

What compensation can you claim through a mesothelioma claim?

You may be entitled to recover compensation for:

• “General damages” for the pain, suffering and loss of amenity you have suffered as a result of your disease
• All financial losses you have incurred as a result of your disease, including a claim for financial losses resulting from your “lost years”
• If your loved one dies before the case is concluded, the deceased’s estate and dependants can continue the case
• The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased to claim the compensation that the deceased was entitled to claim the moment before they died.

This will potentially include compensation for:

• “General damages” for the pain, suffering and loss of amenity the deceased suffered as a result of the accident before they died
• All financial losses they incurred as a result of the accident before they died.

The Fatal Accidents Act 1976 allows the dependants of the deceased to claim their losses resulting from the deceased’s death. The claims may include:

• Funeral expenses
• Bereavement damages can be claimed by certain members of a deceased’s family. This is fixed by law and is currently £15,210 for deaths after 1 May 2020
• Loss of financial dependency on the deceased’s income
• Loss of dependency on any services the deceased provided (e.g. childcare, domestic assistance, DIY).

There are strict rules on who can bring a claim and what they can claim for. Our specialist personal injury lawyers will ensure you claim everything you are entitled to following a loved one’s death.

How our personal injury lawyers can help with a mesothelioma claim

We have decades of experience in helping those with mesothelioma. Our Kent-based  personal injury solicitors have the knowledge and expertise to understand and support you through the difficulties you are now facing. It is likely that we have already recovered compensation in a case with similar circumstances to yours.

We take action quickly and pursue claims tenaciously. Many of our mesothelioma cases reach successful settlements within a few months.

• Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term
• We will make sure your case is fully investigated
• We will focus on your individual requirements. Giving a personal service and acting with sensitivity are important to us
• We will create a team of specialist independent medical experts and a barrister with expertise in dealing with cases similar to your case
• We will make things as easy as possible and guide you through each stage of the process
• We can help you find out why your asbestos exposure occurred and ensure that the same thing does not happen to somebody else.

Over the last 20 years we have settled hundreds of asbestos-related claims. These cases are usually against private companies and government departments. We have succeeded in asbestos-related cases involving:

• The Ministry of Defence (many dockyard claims, primarily involving the nearby Chatham Dockyard)
• Department of Transport (formerly BRB Residuary) for British Rail employees
• HM Prison Service
• Asbestos factory employees including British Uralite and British Belting and Asbestos
• Power station employees and contractors, including the nearby Dungeness Power Station
• Gas fitters and other employees
• Oil refinery employees
• Marine engineering employees
• Asbestos lagging operatives for example Kitsons (now Prescott No 1 Limited) and Dicks Asbestos
• Paper mill employees, including those who worked at the nearby Maidstone and Medway Valley paper mills
• BT/Post Office employees
• Major high-street shopping chain
• Numerous national and local employers
• “Shake down” claims for family members who washed contaminated work clothing
• “Environmental claims” – Cape.

Free initial consultation

Contact our team of specialist personal injury lawyers for a free, no obligation, consultation and we will listen to the circumstances of your accident before giving you clear advice on the chance of you recovering compensation. If we think you have a personal injury claim, we can offer you a “no win no fee” agreement to fund your case, giving you the financial security that you will not be “out of pocket” if the case is ultimately unsuccessful.

Call us or fill in our short enquiry form and we will assess your potential claim.

Have you been injured and think someone else was to blame? Our team of expert personal injury solicitors in Kent can help you claim the compensation you deserve. Contact us today for a free initial consultation to see if we can investigate your case with the financial security of a “no win no fee” agreement.

Our personal injury lawyers are here to help you every step of the way. We work in a supportive, considered and clear manner to ensure you get the compensation you need to rebuild your life. If possible, we will help you to access rehabilitation, medical care and support to maximise your recovery.

Our personal injury lawyers have dealt with thousands of personal injury cases, covering all areas of personal injury law, with many cases worth millions of pounds. With a wealth of experience, our team of personal injury lawyers has most likely already dealt with a case similar to yours. We have outstanding knowledge in this field and can offer clear, pragmatic advice.

We are frequently instructed in cases involving:

• Traumatic brain injuries of varying severity
• Serious orthopaedic and spinal injuries
• Functional neurological disorders (“FND”)
• Audio-vestibular injury
• Injuries affecting the senses, most commonly eye injuries
• Injuries to internal organs
• Burns and scarring
• Psychiatric injuries including post-traumatic stress disorder
• Chronic pain
• Mesothelioma, asbestosis and/or pleural thickening resulting from asbestos exposure.

One of our specialist personal injury solicitors will handle your compensation claim and that lawyer will be involved in your case from start to finish. You will have your personal injury lawyer’s direct dial telephone number and email address so you will be able to contact your lawyer without difficulty.

Our personal injury compensation solicitors are available for face-to-face meetings at our accessible office in Tunbridge Wells, and by phone. For more information and to see if you have a personal injury claim worth pursuing, call us or fill in our short enquiry form and we will assess your claim.

For more information and to see if you have a personal injury claim worth pursuing, call us or fill in our short enquiry form and we will assess your claim.