A mesothelioma diagnosis can turn your world upside down. In addition to how it affects you and your family, if you have been diagnosed with mesothelioma you can claim compensation - and Thompsons Solicitors can represent you on a No Win, No Fee basis. We have been pursuing mesothelioma claims throughout Scotland for many years.
Mesothelioma is a cancer caused by breathing asbestos fibres. It usually occurs in the lining of the lungs (pleural mesothelioma) but it can also be found in the lining of the abdomen or heart. Symptoms can take between 10 and 50 years to develop and often diagnosis is only made once the disease has progressed. Unfortunately, there is no cure but there are legal channels for compensation which can really help you and your family.
How to make a mesothelioma claim
Our experienced mesothelioma lawyers have an established record of winning compensation claims for clients across Scotland. Whether the asbestos exposure you experienced was years ago through work, or more recently within the home environment through secondary exposure, it does not matter. We are able to make a claim for you if the exposure occurred as a result of a third party's negligence or lack of safety measures.
While many of the companies responsible have long since ceased to trade, our experts are experienced at tracing their insurers.
Here is how the process works:
- Our first stage is an initial consultation. Our solicitors will talk to you about your case, review your medical history and advise you on your position.
- We then collect the evidence - employment and medical records, witness statements, and expert medical opinion if necessary.
- We then prepare your case and submit the claim to the defendant or their insurance company. Our No Win, No Fee agreement means that you will not have to pay any legal fees until your claim has been successful.
- Most asbestos-related claims are settled without going to court in three to nine months. If we are unable to come to an agreement, we will proceed to trial.
Who can make a mesothelioma claim?
You do not need to be the diagnosed person. There are different groups of people who can make a claim.
Anyone with mesothelioma has a claim against the organisation who exposed them to asbestos, whether this was in a workplace, school, hospital, or somewhere else. The law protects you even if this happened many years ago.
If someone in your family has died due to mesothelioma, other close relatives have a right to claim compensation under the Damages (Scotland) Act 2011. This applies to spouses, children and parents. Dependants can also make a claim for the losses they have suffered.
There are instances where families of those who worked with asbestos have been exposed to the fibres that stuck to clothes. In situations where a person with mesothelioma is too ill to instruct solicitors directly, we can liaise with an appointed family representative to ensure your claim proceeds without delay.
Time limits for mesothelioma claims
You have three years from the date of diagnosis to make a mesothelioma claim. If you are making a claim on behalf of a family member who has died, the three years begins from the date of death (or the date you became aware that mesothelioma was the cause).
Three years is a long time but preparing a solid case will take a while so contact us as soon as possible so we have time to gather the evidence needed to win the claim.
What affects your mesothelioma compensation?
Each case is unique. The level of compensation will vary depending on your circumstances, such as the nature and severity of your injury or illness, your age when diagnosed, the pain and suffering you have endured, treatment and care costs, loss of earnings and if you are claiming due to a bereavement, damages for the loss of a loved one.
Our solicitors can advise you of realistic expectations once they have looked at the details of your case.
Mesothelioma benefits and government schemes
One source of financial support will be compensation from a civil claim. There are also government benefits available to people diagnosed with mesothelioma and you can claim both.
The main ones are:
- Employment and Support Allowance (ESA) - if mesothelioma has stopped you from working.
- Industrial Injuries Disablement Benefit (IIDB) - if your illness was caused by your job.
- Personal Independence Payment (PIP) - financial help with daily living and getting around.
- Attendance Allowance - for anyone over 65 who needs personal care.
- Pneumoconiosis Act Compensation - a lump sum for dust-related diseases linked to your work environment.
- Diffuse Mesothelioma Payment Scheme (DMPS) - a government lump-sum payment available when the employer or their insurer cannot be found.
We can help with applications for every benefit you may be eligible for. Thousands of pounds go unclaimed each year just because people are unaware.
Support beyond the legal process
Receiving a diagnosis of mesothelioma is a massive blow - not only to you but to everyone around you. As well as the legal aspect, we work with organisations like Action on Asbestos who give welfare rights advice, emotional support, and access to specialist networks. Nobody should have to face this alone.
Why choose Thompsons for your mesothelioma claim?
We brought the first successful asbestos compensation case back in 1972. No other law firm in Scotland has been doing this work for as long as we have.
Our asbestos register is one of the largest in the UK and contains details of exposure at thousands of workplaces. Thanks to the register we can trace past employers and their insurers much more quickly than firms who are starting with nothing, even in the case of companies that closed down many years ago.
We are members of the Mesothelioma UK Legal Panel. Everything we do is on a No Win, No Fee basis. If it is difficult for you to come to our office we will travel to you or we can arrange a telephone or video consultation.
Frequently asked questions
Every claim is different, and it is not always possible to give a fixed timescale. Some claims may settle more quickly once the insurer has been identified, but this is not always the case and more complex claims can take longer.
If financial assistance is needed quickly, interim payments can sometimes be arranged before the final settlement is received.
To talk to us about a mesothelioma claim, call Thompsons Solicitors or fill in our online form. The conversation is free and there is no obligation.
