Guide to Compensation for Mesothelioma
It is possible to make a claim for compensation for mesothelioma and other asbestos diseases such as pleural plaques, pleural thickening, asbestosis and lung cancer.
It is understandable that on being diagnosed with this condition the last thing on your mind is to become involved in a legal claim. However it is not as daunting a prospect as you might think.
In fact, due to victims of asbestos diseases pursuing claims and making employers aware of the dangers of asbestos the health and safety regulations in England and Wales have been improved to try and prevent further exposure to asbestos in the future.
Field Fisher Waterhouse LLP is a firm of Solicitors renowned for their experience in dealing with asbestos disease claims. Their Guide for Compensation is set out here.
Should you wish to discuss matters over the telephone, please do not hesitate to contact Field Fisher Waterhouse LLP’s Asbestos Team on 0207 861 4000. They will happily discuss your claim with you, or alternatively email: Rodney Nelson-Jones or Harminder Bains
Next >>A Patient's Guide to Mesothelioma
We specialise in mesothelioma claims so let us investigate the possibility of making a
claim for compensation so that you can concentrate on the more important things in life.
What our clients say about us:
We successfully completed Tony Brown’s claim for compensation a short while after his diagnosis.
His family wrote:
"Money is little compensation for a loved one’s health, however, it has certainly helped immensely
in so many ways. We have been somewhat surprised with the ease to which you have managed the process,
especially given the geographical differences."
Gill Blackaller wrote in respect of her father, Michael Wright’s claim:
"I know that after the initial diagnosis of dad’s mesothelioma, the last thing my parents
wanted was a legal battle adding to the stress of what they were already dealing with but
you have handled the case so quickly and efficiently that my parents were not inconvenienced
in any way at all. I know that they are extremely impressed with the service you have provided
(and mum is not easily impressed by much!). It is so reassuring to know that my dad can now
get the specialist care and equipment he will need during his illness."
Michael Wright
With over 25 years of assisting sufferers of asbestos disease, we are leaders in asbestos disease claims. Our team is renowned for their experience in dealing with asbestos disease claims. In 2003 the asbestos team recovered £8.331 million on behalf of victims of asbestos diseases. In total, we have recovered £85 million in over 1,500 successful cases.
We have been involved in 2 of the most recent important court cases involving asbestos disease.
Fairchild, Fox & MatthewsIn the Court of Appeal, the insurance industry successfully argued that where a mesothelioma sufferer had worked with asbestos for two or more employers, he could not recover compensation because he could not show in which employment the fatal fibre(s) had been inhaled. This could have effectively barred the right to compensation for the majority of mesothelioma patients.
In January 2002, FFW Partner Rodney Nelson-Jones, was invited to join the legal team acting on behalf of Mrs Fox and Mr Matthews to appeal to the House of Lords. Rodney worked intensively for four months, producing 5 major briefing papers for Sir Sydney Kentridge QC, and happily the Court of Appeal decision was overturned by the House of Lords thus restoring the rights to patients to claim for compensation.
Phillips v Syndicate 992 Gunner and OthersIn this case, the insurers refused to pay 100% of the compensation awarded in the sum of £205,000 to Mrs Phillips on the basis that the insurers only held cover for some of the period of employment. Consequently, Rodney started a fresh court action against the Lloyds Syndicate for the balance of monies owed and testified in the case. As a result, he was successful and judgment was entered on behalf of Mrs Phillips who therefore recovered 100% of her compensation.
APIL AwardIn October 2002, Rodney Nelson-Jones was presented with the APIL (Association of Personal Injury Lawyers) award for outstanding achievement at the House of Commons in recognition for the tremendous work done by him over the past 25 years for sufferers of asbestos disease.
Rodney Nelson-Jones being presented with his award by Andrew Dismore M.P.
Lung CancerLung cancer can be caused by a variety of agents, the most well known of which is, of course, smoking. The link between asbestos inhalation and lung cancer is also well known. If a patient has lung fibrosis and a history of substantial exposure to asbestos dust, this is readily diagnosed as asbestosis even if he has also been a smoker. The DSS will also award disablement benefit if lung cancer is accompanied by asbestosis.
Lung cancer with asbestosis is regarded as an “all or nothing” disease in the same way as mesothelioma. The approach which the courts have adopted in multi-defendant cases has been the same as that with mesothelioma, namely to find that each defendant which unlawfully exposed the claimant to asbestos dust is liable to pay his compensation in full.
If the claimant has lung cancer, has been a smoker, and has been exposed to asbestos but does not have asbestosis, some courts have held that the lung cancer is attributable to smoking rather than to exposure to asbestos. The decided cases on this issue are about ten years old and medical knowledge since then has strengthened the link between exposure to asbestos dust and lung cancer. We have achieved out-of-court settlements in lung cancer cases where there is no asbestosis. Therefore, the patient should seek legal advice.
<< PrevNext >>Charity Fundraising
Our team at Field Fisher Waterhouse LLP not only specialise in obtaining compensation for sufferers of asbestos disease, but have successfully raised funds for Dr Robin Rudd’s research to find a cure for mesothelioma. In September 2003, Field Fisher Waterhouse LLP sponsored a charity event at St Bartholomew’s Hospital. Musicians and performers entertained the guests with a medley of household hits by such performers as George Gershwin, Cole Porter and Irving Berlin. The event was organised by a committee co-chaired by Harminder Bains of Field Fisher Waterhouse LLP. Harminder is only too aware of the need to find a cure of mesothelioma as her own father suffered from it after being exposed to asbestos whilst working in the Chatham Dockyard in the 1960s.
Harminder Bains, Adam Dawson, Lord Hutton accompanied by his partner and Ronald Walker QC at St Bartholomew’s Hospital
Lord Hutton and many other eminent lawyers and doctors turned up to the event which raised in excess of £19,000 for Dr Rudd’s Mesothelioma Fund.
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