What Is A Mesothelioma Claim Worth?

In this guide, we will explain the conditions under which you could be eligible to make a mesothelioma claim. Continue reading to learn the causes of this disease and who could be liable for your illness. Additionally, we will discuss potential compensation amounts for the harm you have sustained. 

mesothelioma

Mesothelioma claims guide

You could be exposed to substances hazardous to your health whilst at work. This could lead to a serious and life-changing injury or industrial disease, which, in the most severe cases, may be fatal. If you have lost a loved one due to mesothelioma, please take a look at our fatal accident claims guide to learn whether you could be eligible to receive compensation.   

You can also speak to one of our advisors to learn more about making an accident at work claim for an occupational disease. They are on hand all day, every day, to provide you with expert legal advice that is both free and confidential. 

To get in touch, you can: 

Choose A Section

  1. What Is Mesothelioma?
  2. Examples Of How Serious Illnesses Could Develop
  3. How Long Does It Take To Get An Asbestos Settlement?
  4. Compensation Payouts For Mesothelioma
  5. Should I Work With A No Win No Fee Solicitor?
  6. More Resources About Mesothelioma Claims

What Is Mesothelioma?

The NHS states that mesothelioma is a type of cancer usually linked to asbestos exposure. It typically develops over 20 years after exposure. The disease mainly affects the lining of the lungs. However, it can also affect the testicles, heart or lining of the abdominal organs.

The symptoms of mesothelioma in the lungs include:

  • Shortness of breath
  • A high temperature
  • Extreme tiredness
  • Chest pain
  • A persistent cough
  • Swollen fingertips
  • Loss of appetite

When considering the treatment appropriate, a doctor will consider factors such as your overall health and how far the cancer has spread. The possible treatment for mesothelioma could include chemotherapy, radiotherapy and surgery. 

For workplace health and safety, the Health and Safety Executive (HSE) is Britain’s national regulator. They state that asbestos is dangerous, and around 20 tradesmen die per week due to past exposure. The disturbance of materials containing asbestos can release the fibres into the air, where they can be inhaled and cause lung damage.  

You may wonder where you can find asbestos. It was a common material used in the building trade prior to 2000 for industrial and residential properties.  

Statistics About Mesothelioma

The NHS page on mesothelioma provides useful statistics on the disease. It states that:

  • Upwards of 2,700 people are diagnosed with this type of cancer each year in the UK.
  • Men are affected more commonly than women.  
  • Most diagnosed cases are in people aged 75 and over.  
  • Currently, there are around 2,500 deaths attributed to this type of cancer each year in the UK. 

Examples Of How Mesothelioma Could Develop

You could develop mesothelioma as a result of your employer breaching their duty of care. The Health and Safety at Work etc. Act 1974 (HASAWA) states that every employer owes their employees a duty of care to take reasonably practicable steps to ensure their safety and prevent them from coming to harm. These steps include carrying out risk assessments, ensuring maintenance and repairs are completed within the correct time frame and providing proper training.

Furthermore, The Control of Asbestos Regulations 2012 was introduced on the 6th of April 2012, laying out regulations for working with asbestos. This places a duty upon employers responsible for the work. They must take measures to prevent exposure and the spread of asbestos. Also, they must provide employees at risk of exposure with the appropriate and adequate Personal Protective Equipment (PPE).

Therefore, to be eligible to make a mesothelioma claim, the following must be true: 

  • Your employer owed you a duty of care and was responsible for protecting you from asbestos exposure. 
  • They breached this duty of care.
  • As a result, you have been exposed to asbestos and developed mesothelioma. 

Contact our team of advisors at Personal Injury Claims Care to find out whether your claim could be eligible. They may also be able to offer insight into liability for your case. 

How Long Does It Take To Get An Asbestos Settlement?

As no two personal injury claims are the same, many factors affect the length of time a resolution can take. For example: 

  • The type and severity of the illness or injury. 
  • The amount of evidence you need to gather and provide.
  • Whether the defendant accepts liability for your injuries.  

To make a compensation claim, it is important to gather evidence to prove the negligence that caused your injuries. As mesothelioma often develops many years after exposure, the evidence needed may differ from other accident at work claims. In the case of mesothelioma, this evidence could include the following: 

  • Medical records – detailing your illness and any treatment.
  • Contact details of others in the workplace who were affected – if they were exposed at the same time, then they could provide information to corroborate your claim 

Please contact our team of advisors to find out what you could obtain to support your claim. 

Compensation Payouts For Mesothelioma

There are two potential heads that you could receive for a successful mesothelioma claim:

  • General damages – This compensates for the pain and suffering the illness has caused, both physically and psychologically.  
  • Special damages – This compensates for past and future financial losses you have suffered as a result of your illness.  

Firstly, as a guide to compensation for the pain and suffering caused by industrial diseases, we have created the table below using the Judicial College Guidelines (JCG), updated in April 2022. Legal professionals, such as personal injury solicitors, can also use the JCG to help them value potential general damages in an accident at work claim. Please consider the figures as a guide and not an exact amount that will be awarded for a successful claim. Each case is unique. 

Type of HarmNotes Compensation Bracket
Lung Disease (a)The person will be young. They will have a serious disability, which has a probability of leading to premature death due to progressive worsening. £100,670 to £135,920
Lung Disease (b) This bracket will include lung cancer, typically in an older person, which causes impairment of function and quality of life, as well as severe pain. £70,030 to £97,330
Asbestos-Related Disease (a)This bracket will include mesothelioma. This causes the person severe pain and the impairment of both function and quality of life. £63,650 to £114,460
Asbestos-Related Disease (b)This bracket will involve lung cancer, which may not cause symptoms as painful as mesothelioma covered in the bracket above, but more protracted. £70,030 to £97,330
Asbestos-Related Disease (c)The person will have asbestosis and pleural thickening, causing progressive symptoms of breathlessness and reduced lung function. The respiratory disability caused by asbestos will typically exceed 10%. £35,500 to £105,850
Asbestos-Related Disease (d)The person will have asbestosis and pleural thickening, where respiratory disability and lung function impairment caused by asbestos is up to 10%.£15,100 to £35,500

Furthermore, a successful mesothelioma claim could potentially receive a payout under special damages. This could include:

  • Care costs
  • Medical expenses
  • Travel costs
  • Loss of earnings

It is important to consider that you must provide evidence of any financial losses you have suffered. For example, you could keep travel tickets as evidence of travel costs. You could also obtain payslips, receipts and bank records. 

For an assessment of the compensation you could be eligible to receive, which would be tailored to your case, please speak to one of our advisors.  

Should I Work With A No Win No Fee Solicitor?

It is not an obligation to use a solicitor to make an accident at work claim. However, it may prove beneficial as they can help you to build and present a complete claim. What’s more, using the services of a solicitor under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement, could provide further benefits, including: 

  • You generally won’t make any upfront or ongoing payments for their services. 
  • You won’t usually be required to pay for their services should your claim fail to succeed. 
  • A successful claim will generally mean a solicitor can take a small percentage of the compensation. This is known as a success fee and is capped by the law. Therefore, a No Win No Fee solicitor will not overcharge you.

If you would like our advisors to assess your claim, get in touch today. Upon finding that you could be eligible to make a mesothelioma claim, they may connect you with one of the specialist solicitors from our panel. 

Start A Mesothelioma Claim Today

Please speak to a member of our team for advice on making a claim. They are available all day, every day, to provide free and confidential legal advice. 

You can: 

More Resources About Mesothelioma Claims

Below, you can find links to more of our guides on personal injury claims:

Take a look at these external links for more information:

Thank you for reading this guide to making a mesothelioma claim. If you are left with any questions, please use the contact details provided to speak to a member of our team. 

Writer Jess Oakland

Editor Fern Stringer