As expert asbestos solicitors, we can provide advice on the average UK compensation payouts following a diagnosis of an asbestos-related illness. The symptoms, including chest pain and breathlessness, can be mild to severe and, sadly, fatal in some cases.
Below is a comprehensive guide that takes into account average awards over the last several years and a study into average civil compensation in mesothelioma cases. This research, based on a survey of 2,334 cases, employed various measures to calculate the average payment awarded by the court or a settlement agreement.
However, there are many variables when assessing how much compensation a live worker or the family of a loved one who has sadly died from an asbestos-related condition deserves. You must seek expert legal advice from a qualified firm of solicitors. Please contact us to determine if you are eligible to make a claim for compensation.
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Average Payouts — Other Losses — Other Factors — Who Can Claim?
Living Claimants — Deceased Claimants — Deadline to Claim — Claim Process
Family Members Who Can Claim — What Compensation Includes — Types of Compensation
Common Occupations — How to Dispose of Asbestos — Asbestos in Drinking Water
What is the Average Payout for Asbestos Compensation?
An independent study found that the average compensation payout for mesothelioma typically ranges from £137,000 to £153,000. The study also calculated that the average legal costs for dealing with a mesothelioma case were between £22,000 and £28,000.
The calculation is more complex than a mesothelioma diagnosis, as there are varying types of asbestos-related illnesses. The average compensation for asbestos claims is more difficult to quantify, as each case is decided on its specific facts. However, the following guideline figures have been provided by various sources:
- Younger claimants with serious pain and impairment may receive around £120,000
- Asbestos claimants facing a lung cancer diagnosis with severe impairment for older workers may result in an average compensation of £90,000
- Claimants with breathing difficulties, such as frequent coughing and a lack of sleep, could lead to an average compensation of £65,000
- Asbestos claimants with breathing problems requiring the use of an inhaler may result in around £50,000
- Claimants suffering from wheezing without serious impairment may be entitled to an average compensation of £30,000
For the asbestos injury itself, generally, the younger the claimant when a diagnosis is made, the greater the compensation payout.
Please note that each case is unique and will be decided based on its specific facts and circumstances.
Other Losses and Expenses
Remember that the average payout amounts mentioned above are only for the asbestos-related injury. There are also additional damages that can be awarded to the victim or their family based on other losses and expenses.
Services Claims: The partner of the claimant, for example, may need to attend to their needs, such as washing, cooking, gardening, and hiring tradesmen to work on the house. This means they will have to pay for these tradesmen’s costs, which would have been free before. In this scenario, say that the value of their time to look after their partner is calculated at £12 per hour, and they spend three hours a day looking after them. The solicitor would simply advise that the claim would be £36 per day, £252 per week, or £13,104 per year. The solicitor will then calculate the compensation based on the claimant’s expected lifespan. If this is a ten-year period, the asbestos payout may be calculated as ten years x £13,104 = £131,040.
DIY & Maintenance: There are the maintenance and DIY costs that they will have to pay out, which they would have carried out themselves before diagnosis. This will be calculated based on the actual costs of the work undertaken, including time and invoices from tradesmen, as well as the solicitors’ average annual charge of approximately £1,000. Again, if we multiply this by the life expectancy of the claimant, such as ten years, this will mean a claim for £10,000
Adding these losses and expenses to the average payout for an asbestos-related illness increases the overall compensation. As skilful and experienced solicitors in this area, we can advise you in more detail about the compensation awards available to you.
Contact Us Now To ClaimWhat About Other Factors?
For living claimants, the compensation payout for pain and suffering due to the asbestos condition can include, but is not limited to, loss of earnings, care services for family members caring for the claimant, medical expenses and prescription costs, DIY and maintenance costs, among other potential compensation items.
Deceased claimants and their family members may also be eligible for compensation based on specific circumstances. The claim for pain and suffering will be awarded to the worker’s estate. Additionally, any past care provided before death and financial support will be payable. If it was anticipated that close family members were dependent upon the deceased by way of services or financial support, then a claim may also be made on their behalf as a dependency in accordance with the Fatal Accident Act 1976.
It’s evident that the compensation for asbestos claims can vary significantly based on individual case details and the impact of the condition on the claimant’s life. Therefore, it’s essential for individuals affected by asbestos-related conditions to seek professional legal advice to understand their specific entitlements and pursue fair compensation.
In summary, the study into average civil compensation in mesothelioma cases provides valuable insights into the typical compensation awarded and legal costs associated with occupational mesothelioma cases. However, it’s important to recognise that each case is unique and the actual compensation can vary based on individual circumstances. Therefore, individuals affected by asbestos-related conditions should seek professional legal guidance to understand their specific entitlements and pursue fair compensation.
Contact Us Now To ClaimWho Can Claim Compensation for Asbestos Exposure?
There are several scenarios where someone may be able to claim asbestos compensation, including:
- Employees who have been diagnosed with an asbestos-related disease following workplace exposure
- Self-employed workers, such as contractors, placed in an environment containing asbestos and have developed an asbestos-related disease
- Close relatives claiming on behalf of a family member who cannot make a claim themselves because of their condition
- Close relatives claiming on behalf of a family member who has died following their asbestos-related disease
- Close relatives who were dependent on the deceased for financial support, care or other crucial services before their death
This is not an exhaustive list of all individuals who may be entitled to compensation following asbestos exposure. We highly recommend speaking with our team to learn more about the full criteria. Below, we will provide more details about the factors that influence who can make a claim.
The claimant exposed to the asbestos must have been employed working in an environment known to have exposed workers to asbestos dust. If the claimant is self-employed, it is often the responsibility of the main contractor who placed the claimant at the premises where the exposure occurred. It is not the case that if you are self-employed, there is no bar to claiming asbestos compensation. You will need to speak with our solicitors, who can provide advice.
In addition to the claimant, family members may also be eligible to claim. This is often the case in more severe situations, where a person, such as a partner, helps and cares for the victim. The time and expense of the partner’s care for the claimant can be compensated. In general terms, the partner is looking for at least the minimum wage for the number of hours they spent looking after the claimant. Compensation for asbestos-related injuries for the partner alone can be substantial and will be recovered from the defendant’s employer’s insurance company if supported by reasonable evidence.
If the claimant has sadly died from asbestos exposure, there can be a claim for the family under the Fatal Accidents Act 1976. This can lead to the following claim for asbestos compensation for family members:
- Bereavement award – for the claimant’s partner, totalling £15,210.
- Dependency claims – for family members financially dependent on the deceased or received care and assistance from them before their death. The compensation can be substantial, depending on the specific facts of the case.
Family Members Claiming for a Living Claimant
Where the claimant is living, it is usually the claimant’s partner who can claim compensation for care and services rendered to the claimant to look after them due to their suffering. These services will assist with cooking, cleaning, laundry, hygiene duties, and similar tasks. As explained, the number of hours per day can be calculated in compensation.
Compensation for the asbestosis condition for the diagnosis’s pain, suffering and worry. This calculation of the asbestos payout will be based on the medical report that the solicitor will obtain to record the medical opinion and diagnosis.
The asbestos solicitor will note the severity of the condition, if and when it may deteriorate over time and the impact upon the claimant. The asbestos solicitors will then compare the claimant’s case with other case law and advise the claimant on how much compensation they will obtain for the asbestosis condition.
Claimants Who Have Sadly Died Due to Asbestosis
The law differs when the claimant has passed away. The levels of compensation for the pain and suffering will be calculated similarly to the figures set out above. But the claim for family members will be different. They will be based on the statutory provision of the Fatal Accidents Act 1976 for dependency.
If the deceased claimant provided financial support before death to family members and or cared for or provided services for family members before death, those members may have a claim for dependency. Further, if, at the time of death, a family member anticipated that financial support or services would have been provided but for the death, then a claim may still be made, provided it was a reasonable expectation.
Contact Us Now To ClaimDo Asbestos Claims Have a Deadline?
If you live in the United Kingdom, you usually have a deadline of 3 years to submit a personal injury claim, including claims for asbestos-related conditions. The timeframe to make a claim commences from the date of diagnosis or when a person dies from asbestos exposure. The deadline to claim can vary depending on various factors, so we highly recommend consulting a solicitor to understand your accurate timeframes. People seeking compensation for an asbestos-related disease should start the claims process as soon as possible. You will have a greater chance of winning your case if your solicitors can take their time to gather evidence supporting your asbestos claim.
There is often a debate about whether a person has exceeded their deadline for filing an asbestos claim. Asbestos-related diseases can take years to form, and their cause and symptoms aren’t always apparent. In Scotland, the Prescription & Limitation Act 1973 stops people from claiming after three years if they develop a disease from the same asbestos exposure. A recent court ruling in Scotland has shed some light on when someone would be reasonably expected to make a claim. Mr Kelman was diagnosed with pleural plaques in 1999 and mesothelioma in 2019. Despite being aware of his 1999 diagnosis, the court agreed that he wasn’t aware the disease was significant enough to justify making a claim. Therefore, Mr Kelman wasn’t reasonably expected to claim for his asbestos-related condition in that period. The ruling suggests that the period to make a claim has not started if the person did not reasonably know they could justify a claim despite receiving a diagnosis.
The Process of Making an Asbestos or Mesothelioma Claim
We understand that claiming asbestos compensation can seem complex and overwhelming, but rest assured, solicitors like ourselves are here to make the process as straightforward and stress-free as possible. The first step in the process is to receive an initial consultation from a solicitor, whether for yourself if you’ve been diagnosed with an asbestos-related condition or on behalf of a family member who has died due to asbestos exposure. This initial consultation should be entirely free and not provoke you into a commitment at this stage. The solicitors will want to hear the details of your situation, including exposure history and diagnosed diseases. Following this no-obligation consultation, the asbestos solicitors should advise you on whether a claim is possible and how much you are estimated to receive.
If you want to proceed with an asbestos claim, we recommend you appoint a solicitor at your earliest convenience. A firm will handle much of the complicated work on your behalf and will use its experience to ensure you receive the maximum compensation. You should seek a solicitor who works on a no-win, no-fee basis, meaning you will only pay their solicitor fees if the asbestos claim is successful. After recruiting a solicitor firm, they will immediately begin collecting evidence and building a strong compensation claim. Evidence can include everything from medical records to exposure history, including tracing down employers for which the claimant previously worked. The solicitors will update you at every step and provide the support you need to cope with your physical or psychological duress.
The asbestos solicitors will notify the other party of the claim while presenting substantial evidence. The accused can choose to admit or deny liability. If they admit liability, the claim will proceed to the negotiation stage. If they deny liability, the claim will proceed to court, where a judge will decide. The solicitors will use a valuation to start settlement negotiations. Again, if an agreement cannot be reached, a judge will make the decision. It’s crucial to make clear that most asbestos claims are settled outside of court. After a settlement has been reached, you will receive your asbestos compensation damages, which often takes two to three weeks.
List of Family Members Who Can Claim
Below is a list of possible dependents who may have been financially dependent upon the deceased and/or received some form of care or ‘services’ from the deceased before death, and that financial or service was likely to continue but for the death.
- The wife or husband of the deceased
- The civil partner or former civil partner of the deceased
- A person living in the same household as the deceased immediately before the death and who had been living with the deceased in the same home for at least two years before the death, and was living as the husband or wife or civil partner of the deceased
- Any parent or other ascendant of the deceased
- Any person treated by the deceased as his parent
- Any child or other descendant of the deceased
- Any person treated as a child of the deceased or a child of the family in any marriage or civil partnership that the deceased was in
- Any brother, sister, uncle or aunt, or their children of the deceased
In addition, a bereavement award is payable if the asbestos was the leading cause of death of the claimant. As of May 2020, the bereavement award increased from £12,980 to £15,120. The person who can claim is usually the surviving spouse or partner. The family may also recover reasonable funeral expenses.
There is a limited class of people who can claim for bereavement compensation in a civil claim set out under the Fatal Accidents Act 1976 as follows:
- Surviving spouse
- Surviving civil partner
- Parents (if the child was under 18)
- Unmarried couples (living together as husband and wife/same sex couple for at least two years before death)
To recover the compensation for the asbestos condition itself that caused the death and pain and suffering of the claimant, the family must claim the Law Reform (Miscellaneous Provisions) Act 1935, for the family will need to obtain probate, that is by a will if the claimant made one for a grant of probate where a solicitor can undertake the paperwork to deal with the claim, which will usually be on behalf of the ‘next of kin’ or the children of the deceased claimant.
Contact Us Now To ClaimWhat Asbestos Compensation Includes
The average asbestos payout you can get can be summarised as follows:
Living Claimants
- Compensation for pain and suffering (the asbestos condition)
- Any loss of earnings
- Care services for family members looking after the claimant
- Medical expenses and prescription costs
- DIY and maintenance costs
- There could be many more compensation items that depend on the individual facts of the case
Deceased Claimants
- Compensation for pain and suffering before death
- Bereavement award (if the right conditions are met)
- Funeral expenses
- Dependency award to family members
- There could be many more compensation items that depend on the individual facts of the case
Types of Compensation for Asbestos Exposure
The following is a summary of the claimant and family members claiming compensation for asbestos-related injury. There is a wide range, and the following is quite specific regarding certain case law; however, average compensation payments also serve as guidance to consider.
- Mesothelioma – Serious disability leading to premature death: up to £105,000 (please note that some asbestos-related lung cancers and asbestosis may also be awarded compensation at this level)
- Lung Cancer – Usually older people, and is fatal, symptoms are not generally as painful as mesothelioma: up to £86,000
- Asbestosis (pleural thickening of the lungs) – Disability, shortness of breath, prolonged coughing, sleep disturbance, restriction of mobility. The top-level award will be for victims where the disease is progressive, showing a significant impact on quality of life: up to £95,000
- Asbestosis and Pleural Thickening – Where breathlessness, frequent use of an inhaler, and unable to tolerate a smoky environment: up to £35,000
- Government Support for Victims of Mesothelioma – Any claimant diagnosed with mesothelioma who cannot sue their former employers because they have gone bust and their employer’s insurance company cannot be traced may be able to obtain compensation from the Government: £123,000
The above figures are for general guidance. In addition to the above average payouts, there are other heads of damages that expert asbestos solicitors can claim on behalf of the victim and their family.
Contact Us Now To ClaimWhat Are the Common Occupations?
There are common occupations that expose individuals to asbestos. They are typical, but the list below is by no means exhaustive. Due to the wide array of asbestos uses, it is thought that anyone could be exposed to the harmful fibres in buildings in which it was used. However, primarily, the people who have the highest risk of developing an asbestos-related disease are as follows:
- Shipbuilders
- Construction Workers
- Carpenters
- Boilermakers
- Joiners
- Electricians
- Plasterers
- Roofers
- Plumbers
This list is not exhaustive; for instance, teachers and pupils may still be exposed due to working in old schools where asbestos remains to this day. Additionally, there is case law where a family member, typically the deceased’s spouse, may be exposed.
How to Dispose of Asbestos Safely
Given the serious and dangerous nature of asbestos, any products containing asbestos must be disposed of safely. Special regulations are in place to ensure that asbestos is disposed of correctly, thereby preventing harm to people and the environment. The Health and Safety Executive (HSE) classifies any waste containing more than 0.1% asbestos as ‘hazardous waste’. Therefore, the Hazardous Waste Regulations 2005 will apply.
Waste containing asbestos must be stored in double-wrapping in UN-approved packaging with correct labels identifying the hazard. For example, it’s recommended to attach a red label stating that the waste includes asbestos. Bags should not be overfilled or contain objects that may puncture the packaging. A Waste Consignment Note should be completed and kept with the package. A registered carrier can then collect and dispose of the waste at a licensed disposal site.
Can You Find Asbestos in Drinking Water?
Can you become ill if you drink water contaminated with asbestos? That’s now a fear that may become realised. This topic is the subject of a comprehensive investigation by the BBC in January 2024, which explores the potential impact of asbestos in drinking water on human health. They note that many pipes carrying water for thousands of miles were made from cement containing asbestos. The pipes are beginning to degrade and reach the end of their lifespan, which raises the question of whether this poses a risk to human health.
While new pipes are generally no longer made from cement with asbestos, existing pipes may still contain the material and have a lifespan of around 50-70 years. The pipes likely don’t pose a threat when intact, but as they begin to deteriorate and break, there are worries that the drinking water may become contaminated with asbestos fibres. This remains unknown territory, and it’s unclear whether asbestos leaking into drinking water poses a risk and what the safe threshold limit would be. In 2022, the World Health Organisation published guidelines that call for ‘investigating monitoring’, hoping to identify the number, size and shape of asbestos fibres leaking into water supplies.
Contact Our Asbestos Solicitors
We hope this guide to the average UK asbestos payouts has helped inform you about the potential amount you might receive. If you think you have a potential claim for asbestos compensation, please submit your details below, and one of our solicitors will get in touch.
