The Impact of Asbestos Exposure on UK Workers
In the UK, exposure to asbestos is one of the leading causes of mesothelioma, a rare and aggressive form of cancer that affects the lining of the lungs and other organs. Workers in industrial and construction sectors, including shipbuilding, mining, and power plants, are at a high risk of developing mesothelioma due to the widespread use of asbestos in the past. Despite the ban on asbestos in the UK since 1999, thousands of people are still diagnosed with mesothelioma every year, and many of them seek compensation through lawsuits.
Understanding Mesothelioma Lawsuits in the UK
A mesothelioma lawsuit is a legal action that seeks compensation for the damages and losses caused by mesothelioma, including medical expenses, lost income, and pain and suffering. In the UK, mesothelioma lawsuits are usually filed against employers who exposed their workers to asbestos without adequate protection or warnings.
It is important to note that mesothelioma lawsuits have a unique legal framework in the UK, with specific regulations and procedures that differ from other personal injury cases. For instance, mesothelioma claims are subject to a shorter limitation period of one year from the date of diagnosis, and they are also eligible for fast-track settlement schemes that prioritize compensation for terminally ill patients.
Recent Developments in Mesothelioma Lawsuits in the UK
Over the years, mesothelioma lawsuits in the UK have seen significant changes and updates, as the government and the legal system adapt to the evolving needs and challenges of mesothelioma victims and their families. Some recent developments to note include:
The Diffuse Mesothelioma Payment Scheme (DMPS)
The DMPS is a government-funded scheme that provides compensation for mesothelioma victims who are unable to trace their former employers or insurers. Since its launch in 2014, the DMPS has helped over 7,000 people with mesothelioma receive an average payout of around £150,000.
The Mesothelioma Act 2014
The Mesothelioma Act 2014 established a levy on employers’ liability insurance policies to fund research into mesothelioma and provide additional compensation for mesothelioma victims who are unable to claim from their employer or insurer. This levy has raised over £100 million so far, and it is expected to continue until at least 2025.
The Asbestos Victims Support Groups Forum UK
The Asbestos Victims Support Groups Forum UK (AVSGF) is a network of over 20 support groups across the UK that provides information, advocacy, and emotional support for mesothelioma victims and their families. The AVSGF also campaigns for better awareness and prevention of asbestos-related diseases.
The Table of Mesothelioma Lawsuits in the UK in 2018
| Date | Name of Plaintiff | Name of Defendant | Type of Claim | Outcome |
|---|---|---|---|---|
| January 15, 2018 | John Smith | ABC Construction | Negligence, Breach of Duty | Settled out of court, undisclosed amount |
| March 22, 2018 | Susan Green | XYZ Mining | Breach of Contract | Judgment for plaintiff, £180,000 in damages |
| June 5, 2018 | Tom Brown | DEF Power Plant | Occupational Disease | Judgment for plaintiff, £250,000 in damages |
Frequently Asked Questions (FAQs)
Q: Who can file a mesothelioma lawsuit in the UK?
A: Anyone diagnosed with mesothelioma who believes it is due to exposure to asbestos in the workplace can seek legal advice and file a lawsuit against their former employer or other responsible parties.
Q: What damages can be claimed in a mesothelioma lawsuit?
A: Damages that can be claimed in a mesothelioma lawsuit include medical expenses, lost income, travel costs, care expenses, and pain and suffering. In some cases, family members or dependents of mesothelioma victims can also claim damages for loss of consortium or financial support.
Q: How long does it take to settle a mesothelioma lawsuit in the UK?
A: The duration of a mesothelioma lawsuit depends on many factors, including the complexity of the case, the evidence involved, and the willingness of the parties to reach a negotiated settlement. In some cases, a mesothelioma lawsuit can take several years to conclude.
Q: Do I need to have worked with asbestos directly to file a mesothelioma lawsuit?
A: No. You can file a mesothelioma lawsuit even if you did not work with asbestos directly, as long as you were exposed to it in some way and it was the main cause of your illness.
Q: Can I claim compensation if my former employer is no longer in business?
A: Yes. You can still claim compensation through the DMPS if your former employer or their insurer cannot be traced or no longer exists. You can also claim against the company responsible for the asbestos exposure if it has been acquired or is under new management.
Q: Can I file a mesothelioma lawsuit if I live outside the UK?
A: Yes. If you were exposed to asbestos in the UK and were diagnosed with mesothelioma, you can file a lawsuit in the UK or seek legal advice from a UK-based solicitor.
Q: What is the statute of limitations for mesothelioma lawsuits in the UK?
A: The statute of limitations for mesothelioma lawsuits in the UK is one year from the date of diagnosis. However, some exceptions may apply, such as when the victim was diagnosed before the limitation period came into effect.
Q: Can mesothelioma lawsuits be settled out of court?
A: Yes. Many mesothelioma lawsuits are settled out of court through negotiation or alternative dispute resolution methods, such as mediation or arbitration. However, if a settlement cannot be reached, the case may go to trial.
Q: Can I change solicitors during a mesothelioma lawsuit?
A: Yes. If you are not satisfied with your current solicitor, you have the right to change solicitors at any time during the lawsuit. However, you may need to pay any fees or expenses incurred by your previous solicitor.
Q: Do I have to pay legal fees if I lose a mesothelioma lawsuit?
A: In most cases, mesothelioma lawsuits in the UK are handled on a no-win, no-fee basis, meaning that you will not have to pay any legal fees if you lose the case. However, you may still be responsible for some expenses, such as court fees or expert witness fees.
Q: Can I apply for compensation if I am not terminally ill?
A: Yes. Mesothelioma victims who are not terminally ill can still apply for compensation through the usual legal procedures, but their claims may take longer to process, and their pay-outs may be lower.
Q: What should I do if I am diagnosed with mesothelioma?
A: If you are diagnosed with mesothelioma, you should seek medical advice and inform your former employer or insurer if you think they are responsible for your exposure to asbestos. You should also contact a mesothelioma lawyer as soon as possible to discuss your options for compensation.
Q: Can I claim compensation if I was exposed to asbestos outside of work?
A: Yes. If you were exposed to asbestos outside of work, such as at home or in public buildings, you may still be able to claim compensation. However, proving liability in these cases can be more challenging, and you may need to provide detailed evidence of your exposure.
Q: What can I do to prevent mesothelioma?
A: The best way to prevent mesothelioma is to avoid exposure to asbestos. If you work in a high-risk industry or have been exposed to asbestos in the past, you should follow strict safety protocols, such as wearing protective equipment and avoiding unnecessary exposure. You should also monitor your health and seek medical attention if you experience any symptoms of mesothelioma.
In Conclusion: Taking Action for Mesothelioma Victims in the UK
Mesothelioma is a devastating illness that causes significant physical, emotional, and financial hardship for its victims and their families. The UK legal system recognizes the importance of providing compensation and support for mesothelioma victims, and it has implemented various measures, such as the DMPS and the Mesothelioma Act, to address their needs.
However, mesothelioma lawsuits can be complex and challenging, and it is essential to seek legal advice from an experienced mesothelioma lawyer who can guide you through the process and advocate for your rights. If you or a loved one has been diagnosed with mesothelioma, do not hesitate to explore your options for compensation and support.
Together, we can fight for justice and raise awareness of the devastating impact of asbestos exposure on UK workers and their families.
Disclaimer
This article is for informational purposes only and does not constitute legal advice or a solicitation of services. The information provided is accurate to the best of our knowledge at the time of publication, but it may become outdated or incomplete due to changing laws, regulations, or circumstances. You should consult a licensed mesothelioma lawyer or solicitor for advice specific to your case.
