Mesothelioma, an asbestos related cancer, is a truly terrible, terminal diagnosis for anyone to receive. Compensation is available for people who can prove they contracted this condition due to the negligence of a third party. Importantly, unlike other asbestos disease claims, people who suffer with mesothelioma are entitled to the full value of their claim, even if they cannot trace all negligent parties under Section 3 of the Compensation Act 2006).
The Issue with Other Asbestos-Related Claims
Asbestos claims for other asbestos related conditions are subject to “apportionment”, to be split between negligent parties. This means that sufferers who have been exposed to asbestos with multiple employers, some of whom cannot be traced, may miss out on a percentage of their claim if there is no record of who is responsible.
A Potential Shift in the Law
However, this could be about to change due to a recent campaign in parliament spearheaded by Labour MP Douglas McAllister. Mr McAllister highlighted that the legislation in place does not account for how devastating any diagnosis of asbestos-related lung cancer is.
The decision for Section 3 of the Compensation Act 2006 to only apply to mesothelioma claims was made because it was decided that mesothelioma required a distinct legal remedy, according to Justice Minister Sarah Sackman KC. Mr McAllister has managed to secure a debate in the House of Commons to review this, arguing that both asbestos-related lung cancer and mesothelioma are strikingly similar but are oddly viewed differently under the law.
In response to this, Ms Sackman commented that “in terms of the life-changing effects and ill-health that asbestos-related lung cancer can bring, in reality, the situation for many sufferers is little different for other non-mesothelioma claims”.
What This Could Mean for Claimants
What does this means going forward? Well, if the campaign is successful, those who have been diagnosed with either mesothelioma or another asbestos related lung cancer will be able to claim the full amount they are owed, regardless of whether all negligent parties involved have been traced.
The money claimed can be life changing to the sufferer and a source of stability at what is an incredibly turbulent time for them and their family. When faced with a diagnosis as devastating as terminal lung cancer, knowing that your family will be looked after is what all many people would ask for.
Get Expert Advice on Your Claim
If you or a loved one has been diagnosed with an asbestos-related condition, it’s important to understand your rights and the compensation available to you.
Our specialist team is here to help you navigate the claims process with clarity and compassion. You can call us on 0800 038 6767, email us at contact@asbestosjustice.co.uk or fill in our contact form and we’ll be in touch as soon as possible.