Complete 2020 Guide Claiming Compensation for Mesothelioma After Death
Globally, numerous cases of Mesothelioma cases are still linked to asbestos-related occupations. Today, work related mesothelioma compensation after death are common. There are approximately 2500 occupational deaths in the UK every year. Regrettably once a worker has been diagnosed by a chest physician with the disease, there may be only months to live. Death inevitability follows quickly; there is usually a rapid deterioration in health. By the time the diagnosis is made and when the worker or his/her family instruct an asbestos solicitor to take court action he has usually died or is very unwell.
Mesothelioma is a rare tumour in persons who have not been exposed to asbestos, occurring with an annual incidence of around one per million population, and most cases occur in persons who have been so exposed. Occasional spontaneous cases unrelated to asbestos exposure do occur, however. When there is a history of past asbestos exposure the balance of probabilities strongly favours that exposure having been responsible for a mesothelioma which occurs subsequently.
Mesothelioma can occur after low level asbestos exposure and there is no threshold dose of asbestos below which there is no risk. However, the risk that mesothelioma will occur increases in proportion to the dose of asbestos received and successive periods of exposure each augment the risk that mesothelioma will occur.
MESOTHELIOMA AND LUNG CANCER
Why its important to instruct an Asbestos Solicitor Urgently?
Despite the fact that the courts have an accelerated procedure if a client has been diagnosed with the disease many mesothelioma clients do not live to see the outcome of the court case. However by take action as early as possible, the solicitors can obtain the necessary evidence to support a claim, as without the correct information, the case may fail or be difficult to prove when death occurs following a diagnosis of mesothelioma.
In addition, the claimant will have some comfort that he or she has done the best they can to make a claim at court for mesothelioma so that they can provide financial support for their family members following death via the compensation payout.
Families wishing to know more quickly, see our 20 Questions About Mesothelioma Compensation For Families.
In short mesothelioma is a form of lung cancer contracted at work due to exposure to asbestos. It is an ‘occupational disease’ resulting from exposure to asbestos in the workplace. In this article, various media for environmental asbestos exposures which may be associated with asbestos-related disease like Mesothelioma will be discussed.
Malignant Mesothelioma is kind of cancer that which affects the external lining of the lung (the pleura) and can also occur in the lining of the lower digestive tract (the peritoneum), the pericardium and around the testes. Once from asbestos are ingested, these fibres proceed from the digestive organs straight into the peritoneal membrane. Also, these fibres once inhaled may travel to the peritoneal membrane through the lymphatic system. Upon entry into the peritoneal layers, asbestos fibres get trapped and begin to cause changes in mesothelial cells. These changes lead to irritation and inflammation in the cells. Researchers are uncertain as to how asbestos fibres cause these changes but strongly believe that such changes are directly responsible for cancer development.
There is, on average, a long latent interval between first exposure to asbestos and the onset of clinical manifestations of mesothelioma, more than 30 years in most series, but the range of intervals is large, extending down to ten years and perhaps less in rare cases, and upwards with no upper limit. The latent interval between first exposure and the onset of clinical manifestations should not be confused with the interval between commencement of growth of the tumour and the onset of clinical manifestations. The latter period is usually much shorter than the former because the mesothelioma does not start to grow as soon as the first fibres are inhaled but after a period of years during which repeated interactions between asbestos fibres and mesothelial cells occur, eventually resulting in the malignant transformation of a mesothelioma cell. It is at this point that the tumour starts to grow.
Following exposure to asbestos fibre, it usually takes many years for Mesothelioma to develop. It can take over 30 years from when first exposed to the killer dust to manifest itself in any symptoms.
Since symptoms typically appear late in the development stages of the disease, most cases of Mesothelioma are often diagnosed at the advanced stage. Mesothelioma is medically proven to be almost always fatal, especially within 8 to 18 months of the onset of symptoms. A significantly strong relationship exists between Mesothelioma and asbestos such that annual cases of the illness give vivid insight into the effect of past exposures, and due to the fact that the fatality of the disease usually follows following the onset of the disease, the recorded cases of deaths almost equals the annual disease incidence.
According to a report, about 2,500 mesothelioma deaths were recorded in Great Britain in 2015, and according to current projections, it is estimated that there will continue to be the same number of deaths annually for the rest of this decade before a decline in annual figures may be recorded; see further analysis from Cancer UK.
Mesothelioma probably begins to grow about 10 years, on average, before signes of illness appear. All employments involving asbestos exposure up to the point at which growth of the tumour may be presumed to have commenced, ie about 10 years on average before the onset of injury, will have contributed to the risk that mesothelioma would develop. The mechanisms of causation are incompletely understood. Thus all exposure which contributed to the risk that mesothelioma would occur should be regarded as having contributed to causation of the mesothelioma and sadley the cause of death further reading please refer to our fatal accidents website on mesothelioma after death.
Claiming Compensation for Mesothelioma after Death
Solicitors specialising in mesothelioma compensation claims must be instructed at the earliest opportunity following diagnosis or upon suspicion that all is not right and there is a possible connection between exposure to dust at work and possible ill-health.
The importance of instructing a solicitor early is because:
- Preservation of evidence.
- Obtaining from the client a fully signed witness statement.
- Checking to see if there are any witnesses/former work colleagues who can support working conditions.
- Help to obtain the best possible medical support and diagnosis.
- There is a three year limitation period to make a mesothelioma compensation claim after death.
- Help and legal support.
- Expedited court procedure to take court action and obtain compensation after death.
- Ensure affairs are kept in order.
- Wills and probate to consider early to protect loved one.
- Help provide for compensation payments following death.
- Knowing who are to receive the compensation payouts.
- Reassurance that everything possible is being done to prove a claim.
Symptoms of Mesothelioma
The very first signs of mesothelioma are often unclear and similar to other conditions. It is advised that concerned persons see a qualified medical practitioner. Diagnosis may take some time since symptoms may appear and disappear, and more common possible conditions are most likely to be investigated first. It is important to inform your doctor if you may have been exposed to asbestos at some point in the past. Basically, Symptoms manifest based on where the mesothelioma has developed. Pleural mesothelioma may cause:
Shortness of breath (breathlessness) – This is a very common symptom and usually feels worse either with activity or when you are just lying down. Breathlessness is often caused by pleural effusion (a build-up of fluid in the chest).
Pain – Pain can occur in either the shoulder, the chest or even around the ribs. The pain may sometimes be sharp and stabbing and can be worsened by breathing in deeply. Sometimes, the pain may be dull and persistent. Patients may also experience changes in skin sensation or develop sensitivity to touch.
Other general symptoms – Some people experience other symptoms such as
- loss of appetite with weight loss
- loss of muscle bulk and loss of energy
- persistent cough or a change in coughing pattern
- Experience night sweats.
It is also important to note that Peritoneal mesothelioma may cause:
- abdominal pain
- swollen abdomen
- poor appetite
- nausea and vomiting
- night sweats or fever
- Bowel or urinary problems.
Treatment of Mesothelioma
There are now various current developments and symptom-management methods that are employed to help improve the outlook for patients with Pleural Mesothelioma. Your doctor will enlighten you on the various types of treatment options and suggest which treatments may suit you better and probably offer you the best outcome. So far, there is no known cure for Mesothelioma, however patients are assessed and cared for via a patient-centered care plan. Treatment therefore will depend on the type of mesothelioma, the stage of the disease, and the general health standard or status of the patient. Treatment options may include:
For many patients with Pleural Mesothelioma the role of surgery is basically for pain and symptom relief, however, more radical treatment may be made available to a small and number of patients at the time of diagnosis. Varying forms of mesothelioma surgery exist and they are aimed to reduce burden on the lungs and improve respiration, thereby lengthening survival and extending the period of disease-free living. There are also other surgery aimed at relieving disease symptoms that can be debilitating and interfere greatly with the quality of life of the patient. Due to its nature, surgery is not usually a likely option for mesothelioma since diagnosis is made in the advanced stage of the disease. However, sometimes surgery is used in order to remove as much of the cancer as possible and is often followed by chemotherapy and/or radiation.
In Chemotherapy, anti-cancer drugs are employed to control the growth of cancerous cells while doing at the same time the least possible damage to non-cancerous cells. For many patients battling with Pleural Mesothelioma, the only treatment option usually offered is systemic chemotherapy. Although it has not been proven that chemotherapy treatments are curative in Pleural Mesothelioma cases, they have been found to be mostly valuable for pain relief as well as symptom management and this has significantly improved patients rates of survival.
Through the utilization of high energy ionizing radiation, radiation therapy is aimed at killing and controlling the development of cancer cells within a specific area. Just like chemotherapy, Radiotherapy is mostly administered for pain relief and symptom management.
- Palliative Care
By adopting an integrated approach to the patient’s emotional, social, physical, psychological and spiritual need, Palliative care seeks to offer a comprehensive patient-centered model of care. In making adjustments to support patients, families may need to make some needed lifestyle changes and palliative care offers families the support they need to make such adjustments. At the time of diagnosis, patients need to be referred to a palliative care team so as to facilitate good symptom management and to develop a rapport with the team.
Mesothelioma Compensation after Death – Payouts
Here are some cased which can be found off our sister website: asbestos compensation after death
Eric Ward, the Widower and Executor of the Estate of Valerie Ward v RWE Npower PLC and Associated Electrical Industries Ltd  £113,000 (80 years old)
Baker v Tate & Lyle PLC  – £205,000
McCarn v Secretary of State 2014 £35,000
Zambarda v Shipbreaking (Queenborough) Ltd. Total Award: £98,723
Wolff v John Moulds (Kilmarnock) Ltd 2012 – £104,500
McGregor v Genco (FC) Ltd  £135,000
International Energy Group Ltd v Zurich Insurance plc UK Branch £250,000
Passmore v Evan Cook Ltd 2012 – £192,437
Contact the Mesothelioma Compensation Solicitors
We are experienced in dealing with all asbestos related compensation claims but dealing with mesothelioma cases requires not only legal expertise but also empathy and compassion to the client and his/her family.
We are here to help you every step of the way and will ensure that expert advice, legal and medical support will be available to investigate every claim and ensure that we do everything we can to help and support you.
Please contact us now, our details can be found her: mesothelioma compensation solicitors contact page.