Mesothelioma
compensation claims

If an illness has set you back, we'll help you move forward

If you have been affected by mesothelioma, we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

You are not alone

Approximately 19,000 work-related lung disease cases were reported in 2022/23 (hse.gov.uk).

According to the latest figures from the HSE, there are around 2,300 annual deaths resulting from mesothelioma.

Mesothelioma accounts for less than 1% of all cancers diagnosed in the UK. According to the charity Mesothelioma UK, over 2,500 people are diagnosed each year. Over the next decade, this number is expected to rise.

Exposure to asbestos fibres is the only known cause of mesothelioma. Although exposure to asbestos estimated to have peaked in the 1960s, symptoms commonly develop around 40 years after asbestos exposure. A very few cases occur within 15 years of exposure. Some cases have been diagnosed up to 67 years after exposure.

Statistics from Cancer Research UK predict that mesothelioma incidences will peak in the 2020s before declining.

Can a mesothelioma personal injury claim be made on someone else's behalf?

In some circumstances, a mesothelioma compensation claim can be made on an adult's behalf if they are accepted by the Courts to be unable to conduct their own personal injury claim. In legal terms, such people are referred to by the Courts as 'protected parties'.

The individual responsible for making a claim on behalf of the claimant is described as a 'litigation friend' by the Courts and they will be expected to be discussing options with the solicitors and making decisions.

Can I claim on behalf of a deceased family member?

It is possible to make a mesothelioma claim on behalf of a family member who has passed away. A specialist member of the Quittance team will be able to assist with any questions you may have regarding this process, on a confidential, no-obligation basis. You can call us on 0800 376 1001 to arrange a consultation with an expert.

When should a mesothelioma compensation claim be made?

Ordinarily, anyone injured in an accident that happened in the last 3 years is entitled to claim for personal injury compensation.

In the case of mesothelioma, the illness usually only manifests decades after exposure. In such cases, the three-year time limit starts from the date the affected individual is informed of their diagnosis, the 'date of discovery'. It does not usually matter when the initial exposure to asbestos occurred.

This date of knowledge or discovery could refer to anything that the claimant might reasonably have been expected to discover either by themselves or through professional advice. There are limited exceptions to this, and solicitor will be able to advise further on this point if you are concerned you may be unable to claim.

How much compensation can I claim for a mesothelioma?

The amount of money you could claim for your injury will depend on:

• the seriousness of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages is compensation for quantifiable financial losses you've incurred as a result of your illness. Compensation can include lost wages, bonuses, benefits and other perks, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as surgery, chemotherapy, radiation therapy and palliative care.

Read more:

A complete list of recoverable losses in a personal injury claim

Average mesothelioma general damages compensation

The following mesothelioma payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Who is likely to be affected by mesothelioma?

46% of mesothelioma cases occur in people aged 75 and over, and 8% occur in those aged under 60.

Mesothelioma is 5 times more common in men than women due to occupational asbestos exposure which occurred mainly in male dominated manual industries such as construction and shipbuilding.

Asbestos was once widely used in industry, including in the building trade, car manufacture and in the engineering industry.

Asbestos use declined once the health risks were better understood, but a comprehensive ban on the material was only imposed in 1999.

Mesothelioma can develop even after exposure to relatively low levels of asbestos or where the exposure took place over a relatively short period of time.

Some who have developed mesothelioma may have contracted it through contact with the work clothes of their relatives. People who lived close to factories that released asbestos fibres into the surrounding environment may have been exposed.

The panel of solicitors have represented claimants from various occupations who have developed mesothelioma, including:

• boilermakers and laggers,
• electricians,
• joiners and builders,
• plumbers,
• motor mechanics

Symptoms of mesothelioma

There are two main types of mesothelioma.

The most common is Pleural Mesothelioma when a tumour forms on the lining of the lungs (pleura), making breathing difficult and painful. Other symptoms may include pain in the chest or lower back, fever and sweating, particularly at night, a persistent cough and unexplained weight loss.

Peritoneal Mesothelioma is less common but is also caused by exposure to asbestos. A tumour develops on the peritoneal lining of the abdomen preventing it from lubricating the abdominal organs. Symptoms may include abdominal pain or swelling, nausea or vomiting, diarrhoea or constipation, loss of appetite or unexplained weight loss.

Quittance's solicitors can assist with claims for pleural or peritoneal mesothelioma, in addition to other, rarer forms of the illness.

If you decide to make a mesothelioma claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

How did your injury happen?

The process for claiming compensation will vary depending on how your illness happened. Click the icons below to learn more:

Work accidents Medical negligence Other accidents

Citations

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.