There are so many issues to think about. What happens next? Can I have treatment? What treatment can I have? How long do I have? What is going to happen to me? Often the last thing someone going through all this wants to think about is contacting a solicitor about a compensation claim.
Sadly, every day we speak to people who have been diagnosed with mesothelioma. A diagnosis of any kind of cancer is daunting but to be diagnosed with terminal cancer, particularly one that can have a short survival rate, is devastating.
However, we would always recommend seeking advice from a solicitor as soon as possible after diagnosis, even if you do not want to pursue a claim straightaway. There are time limits for claims that you need to be aware of so you or your family are not prevented from making a claim in the future. It is also important that your description of where and how you were exposed to asbestos is detailed and recorded.
Civil compensation claim
A civil compensation claim is a claim that is made against the company or companies that exposed you to asbestos. In many cases the companies are no longer trading and so we have to try and trace insurance for your period of employment, and the insurer pays for the claim.
We often find that family members of the person with a mesothelioma diagnosis are the first to get in touch with us about a claim and we can continue to liaise with a friend or family member as the main point of contact throughout the claim, if the diagnosed person would prefer.
The main things we would need from the diagnosed person are details of how they were exposed to asbestos, this can be done over the phone or in person (if not in a pandemic) depending on the client’s preference. They would also need to sign the no win, no fee paperwork and forms of authority. There may be times when we would need further information from them but the day to day running of the claim can be handled by someone else on their behalf.
If the diagnosed person does not want to make a claim during their lifetime, a civil compensation claim can be made posthumously, however, the details of their exposure to asbestos will need to have been recorded during their lifetime. It is also important that a post- mortem is done, especially if a biopsy has not been performed. Without the exposure information and a post-mortem, it is extremely difficult, if not impossible to pursue a claim for compensation.
Time limits
There are time limits for bringing a civil compensation claim and Court proceedings must be issued either:
- Within 3 years of you becoming aware of a significant injury that you should have attributed in whole or in part to the negligence of your employer.
Or
- Within 3 years of the date of someone’s death.
The law states that when you experience problems you should make enquiries with your doctor as to the possible cause. The Court can exercise its discretion in extending this time period but this is not guaranteed.
It is therefore recommended that, even if someone does not want to pursue a claim at the time, details of their exposure to asbestos are noted so, if a claim is to be considered in the future, these are available.
Diffuse Mesothelioma Payment Scheme
If insurance cannot be traced for a civil compensation claim, a claim can be made through the Diffuse Mesothelioma Payment Scheme (DMPS).
Although you can make the application to this scheme yourself, we would recommend you use a solicitor as we have had clients who have had their initial application denied but on our appeal, have been awarded compensation through the scheme.
There are time limits for applying to this scheme and applications must be made within three years of diagnosis, whether the application is being brought by the person with mesothelioma or by an eligible dependent.
Eligible dependents under this scheme are:
- A spouse or common law spouse
- If there is no spouse, the deceased’s children provided they are under the age of 16 or under the age of 21 is not gainfully employed, or if they are permanently incapable of self-support
- If there was no spouse or dependent children, a relative who was dependent on the deceased
Therefore, to claim under the DMPS posthumously there has to be a spouse or dependent child or relative and it must be less than three years since the diagnosis of mesothelioma.
2008 Mesothelioma Scheme
If someone has been diagnosed with mesothelioma and has been exposed to asbestos in the UK but either:
- Cannot specify how they were exposed to asbestos
- Has secondary exposure to asbestos (i.e. they were not in direct contact with the asbestos but were exposed by contact with a relative, e.g. washing clothing)
- Was self-employed at the time of exposure
- Was exposed to asbestos from the environment (e.g. living near an asbestos factory)
then they may be eligible to claim under the 2008 Mesothelioma Scheme.
Applying to this scheme is a relatively easy process. There is a short application form to complete and you will need to send confirmation of your diagnosis which can be obtained from your doctor.
There are time limits for applying to this scheme and applications must be made within 12 months of a mesothelioma diagnosis.
What should you do?
We fully appreciate that following a diagnosis of mesothelioma there are so many things to think about and sitting down to speak to a solicitor is the last thing many people would want to do. However, even if you don’t want to pursue a claim right away, it is important that evidence for a potential claim is preserved.
The best way to preserve the evidence would be to speak to a solicitor and get them to draft a witness statement which you sign. This doesn’t mean you have to pursue a claim but it does mean the option is there for the future. This is a service we offer free of charge.
All too often we are contacted by the family of someone who has passed away due to mesothelioma who didn’t want to claim during their lifetime and with no evidence of their exposure to asbestos, it is very difficult, sometimes impossible, to claim successfully.
Consider claiming now
No amount of money can make up for a mesothelioma diagnosis and all that it entails, however there is some peace of mind that can come with knowing that your family are financially looked after. It can also be helpful to have extra funds for any care and assistance you may need.
Private treatment option
Perhaps more importantly, making a claim for asbestos compensation during your lifetime can open up treatment options. We have pursued a number of claims where private treatment, not available on the NHS, is included in the claim. In these cases, the claim is settled and the damages are paid to our clients but the door is left open for any private treatment they have to be funded by the defendant.
We have one such case where our client has received 15 cycles of immunotherapy treatment at a cost of just under £100,000. This figure is only going to increase and would quickly use up all of their settlement money if they had to pay for the treatment themselves. Thankfully we succeeded in our client’s mesothelioma claim and he now has the peace of mind of knowing that his former employer will have to foot the bill for any further private medical treatment he may require in the future.
How can we help?
Whether you want to make a claim now or want to get things sorted so a claim can be made in the future, we can help.
Our specialist asbestos disease solicitors will put you at ease and do all the hard work for you. They will guide you through every step of the process and do everything they can to take the stress out of making a claim. All our claims are dealt with on a no win, no fee basis, and so you will not be out of pocket.
Please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.