Mesothelioma Compensation for Family Members in the UK

We are solicitors who specialise in mesothelioma compensation claims. Mesothelioma is a condition that affects the lungs of workers and family members of workers exposed to asbestos dust.

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Mesothelioma Compensation

Mesothelioma Compensation Claims

Contact our team if you wish to instruct a specialist mesothelioma compensation solicitor. Our senior solicitor, Mr Ronnie Hutcheon, offers a personal and friendly advice line for all family members affected.

Family members can consider taking out power of attorney solicitors so that decisions about the affected person can be made while they are well and able to. Such decisions can be financial, such as paying bills, dealing with pension payments and the bank, or health matters, like decisions of where the affected person would like to be treated, such as at home, hospital, or hospice.

Please scroll down this page for a list of compensation payouts for mesothelioma in the UK. However, it is important that you read this comprehensive guide to making a claim for mesothelioma. Various factors can affect the amount of compensation payable, and every case is decided on its own particular facts.

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Who Can Claim?Why Appoint a Solicitor Urgently?UK Payout ExamplesHow Long to Claim?

What Our Clients SayBackground for FamiliesGuide to Claim for FamiliesWhat is Mesothelioma?

SymptomsTreatmentJohnson & Johnson ScandalVideo Answering 5 Common Questions


Who Can Make a Claim for Mesothelioma Compensation?

People diagnosed with mesothelioma after workplace exposure to asbestos can claim compensation. The claim will be made against the employer responsible for the illness. Common industries where mesothelioma can develop include construction, manufacturing, shipbuilding, mining and more. Symptoms generally don’t appear until several years after exposure. If the employer cannot be traced, the government operates a Diffuse Mesothelioma Payment Scheme, which offers financial support.

Family members can also make mesothelioma claims on behalf of the victim if they cannot themselves due to their illness or if they have passed. Other situations where someone may develop the disease and be eligible for compensation include family members with secondhand exposure, residents living near asbestos-related facilities, consumer products containing asbestos, and more. If you relied on the financial support or services of someone who has died from the disease, you could be entitled to dependency compensation.

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Why It’s Important to Appoint a Solicitor Urgently

Solicitors specialising in mesothelioma compensation claims must be instructed immediately following diagnosis or upon suspicion that all is not right and there is a possible connection between exposure to dust at work and ill health.

Even though 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, the solicitors can obtain the necessary evidence to support a claim by taking action as early as possible. Without the correct information, the case may fail or be difficult to prove when death occurs following a mesothelioma diagnosis.

In addition, the claimant will be comforted 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.

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 any witnesses/former work colleagues can support the alleged working conditions
  • Obtaining the best possible medical support and diagnosis
  • There is a three-year limitation period to make a claim
  • Help and legal support
  • Expedited court procedure to take court action and obtain mesothelioma compensation
  • Ensure affairs are kept in order
  • Wills and probate to consider early to protect loved ones
  • Help provide for compensation payments following death
  • Knowing who will receive the mesothelioma payouts.
  • Reassurance that everything possible is being done to prove a claim
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Examples of UK Payouts for Mesothelioma Compensation

Mesothelioma compensation amounts can vary, but the below UK examples provide a rough estimate of how much may be awarded.

  • Eric Ward, the Widower and Executor of the Estate of Valerie Ward v RWE Npower PLC and Associated Electrical Industries Ltd [2012] – £113,000 (80 years old)
  • Baker v Tate & Lyle PLC [2012] – £205,000
  • Ball v Secretary of State for Energy and Climate Change [2012] – £73,980/ £58,920.38 (pain and suffering)
  • McCarn v Secretary of State 2014 – £35,000
  • Knauer v Ministry of Justice [2014] – £642.972.51
  • Zambarda v Shipbreaking (Queenborough) Ltd. Total Award – £98,723
  • Wolff v John Moulds (Kilmarnock) Ltd 2012 – £104,500
  • McGregor v Genco (FC) Ltd [2014] – £135,000
  • International Energy Group Ltd v Zurich Insurance plc UK Branch – £250,000
  • Passmore v Evan Cook Ltd 2012 – £192,437
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How Long You Have to Make a Mesothelioma Claim

The UK has a 3-year limitation period for personal injury claims, including industrial diseases such as mesothelioma. This limitation means that claims must be made within three years, or you may not claim compensation. The period starts from the date of mesothelioma diagnosis or when a person has died from the disease. There are some circumstances where the timeframe may differ, so it’s essential to seek advice from a solicitor. You should start your compensation claim as soon as possible to give your solicitors the best chance of building a solid case.

A recent court ruling in Scotland may significantly impact how long someone has to make a mesothelioma claim. One of the issues with mesothelioma and other asbestos-related conditions is that a diagnosis can take several years to formulate, and the source of the disease isn’t easy to identify at that point. The Prescription & Limitation (Scotland) Act 1973 prevents people from claiming after three years if they develop a new condition from the same exposure. Under the act, the court must decide when it was reasonably practical for the claimant to be aware of their condition, the cause and the potential of a claim. The recent court ruling involves Mr Kelman, who was diagnosed with pleural plaques in 1999 and mesothelioma in 2019. The court ruled that while Mr Kelman was aware of his diagnosis in 1999, he was not aware that it was significant enough to justify making a claim and therefore was not reasonably expected to claim at that time. For the relevant act in Scotland, this ruling offers the view that the limitation has not started if the claimant did not reasonably know they could justify a claim despite receiving a diagnosis.

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What Clients Say About Our Mesothelioma Compensation Solicitors

We pride ourselves on providing compassionate and specialist legal representation for mesothelioma victims and their families seeking justice and compensation. Our testimonials reflect the dedication and personalised attention we bring to each case, ensuring our client’s voices are heard and their rights are upheld. Below are just some of the feedback we’ve received from clients who we’ve represented, highlighting the trust and confidence they place in our team during their most challenging times.

“Martin is an expert and very good at what he does. I’ve been kept informed and up to date with every aspect of my case, all proceeds and documents explained and always had support one phone call away. Cannot praise enough, thank you for your hard work and professionalism.” – Brandon D, 5/5

“I’ve recently had a great experience with Hutcheon solicitors, managing everything for me and basically just getting on with it. I would 100% recommend and use them again.” – Richard G, 5/5

“A professional and helpful service right from the word go. Communications were excellent letting me know how each stage of the progress was going. I would highly recommend for any accident claim.” – Philip H, 5/5

“Fantastic service from start to finish with R James Hutcheon – particular credit to Rachel who was first class in handling our case. Highly recommended.” – Jo M, 5/5

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Background on Mesothelioma for Families

The three leading causes of death for an asbestos-related condition due to work in the United Kingdom are:

  • Mesothelioma
  • Asbestos-related lung cancer
  • Asbestosis

The majority of mesothelioma cases affect the lungs. In cases of asbestos-related lung cancer, the fibres from asbestos become lodged in the lung tissue, causing irritation and scarring over time. This irritation and scarring can then also develop into tumours. But in the case of malignant mesothelioma, the asbestos fibres scar and lead to tumours in the lining of the lungs (the mesothelium).

According to the Health and Safety Executive, research concerning asbestos-related deaths reported around 2,500 deaths resulting from asbestos-related mesothelioma in 2015. Such deaths are recorded as the inhalation of asbestos fibres that can cause cancer such as mesothelioma, lung cancer, asbestosis and pleural thickening.

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Guide to Families Making a Claim

We are experienced in dealing with all asbestos-related compensation claims. Dealing with mesothelioma cases requires legal expertise, empathy, and compassion for the client and their family. We are here to help you every step and will ensure that expert advice and legal and medical support will be available to investigate every claim. We promise to do everything we can to help and support you.

We have put together a collation of frequently asked questions for family members of the deceased who have lost their loved one due to contracting mesothelioma. We trust that this guide will help you make decisions about the best way forward, but if there is something you are unsure of, please contact our helpline for private and confidential expert advice. If you are directly affected by exposure to asbestos dust at the workplace or are a family member making enquiries, please do not hesitate to contact us regarding any asbestos-related condition.

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What is Mesothelioma?

Mesothelioma is a rare form of lung cancer in persons exposed to asbestos, with an annual incidence of around one per million. It is often an occupational disease resulting from exposure to asbestos in the workplace. Occasionally, cases unrelated to asbestos exposure can occur. When there is a history of past asbestos exposure, the balance of probabilities strongly favours the exposure as being responsible for 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 chance that mesothelioma will occur increases in proportion to the amount of asbestos received and successive periods of exposure each augment the risk that mesothelioma will occur.

Globally, numerous cases of mesothelioma cases are still linked to asbestos-related occupations. Today, work-related mesothelioma compensation payouts are expected. 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 and there is usually a rapid deterioration in health. By the time the diagnosis is made, and when the worker or their family instruct an asbestos solicitor to take court action, the victim has usually died or is very unwell.

Malignant mesothelioma is a type of cancer that 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 asbestos is ingested, these fibres go straight into the peritoneal membrane from the digestive organs. They 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 firmly 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. Still, the range of intervals is extensive, extending 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 the commencement of growth of the tumour and the beginning 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. After years, 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.

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Symptoms of Mesothelioma

The 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 essential to inform your doctor if you may have been exposed to asbestos at some point in the past. 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 with activity or when you are lying down. Breathlessness is often caused by pleural effusion (a fluid build-up in the chest).
  • Pain can occur in the shoulder, chest or 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.

Some people experience other symptoms such as:

  • Loss of appetite with weight loss
  • Loss of muscle bulk and loss of energy
  • A persistent cough or a change in coughing pattern
  • Night sweats

It is also important to note that peritoneal mesothelioma can cause:

  • Abdominal pain
  • Swollen abdomen
  • Poor appetite
  • Nausea and vomiting
  • Night sweats or fever
  • Bowel or urinary problems
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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 different 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-centred care plan. Treatment 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:

1. Surgery

For many patients with pleural mesothelioma, the role of surgery is for pain and symptom relief. However, more radical treatment may be made available to a small number of patients at the time of diagnosis. Varying forms of mesothelioma surgery exist, and they are aimed to reduce the burden on the lungs and improve respiration, thereby lengthening survival and extending the period of disease-free living. Other surgeries also aim to relieve disease symptoms that can be debilitating and interfere significantly with the patient’s quality of life. 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 removes as much cancer as possible and is often followed by chemotherapy and/or radiation.

2. Chemotherapy

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 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 are most valuable for pain relief and symptom management, which has significantly improved a patient’s survival rate.

3. Radiotherapy

By utilising high-energy ionising radiation, radiation therapy is aimed at killing and controlling the development of cancer cells within a specific area. Like chemotherapy, radiotherapy is mainly administered for pain relief and symptom management.

4. Palliative Care

By adopting an integrated approach to the patient’s emotional, social, physical, psychological and spiritual needs, palliative care offers a comprehensive patient-centred care model. In making adjustments to support patients, families may need to make some required lifestyle changes, and palliative care provides families with the support they need to make such adjustments. At the time of diagnosis, patients need to be referred to a palliative care team to facilitate good symptom management and to develop a rapport with the team.

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The Johnson & Johnson Scandal

One of the most prominent controversial cases surrounding mesothelioma involves Johnson & Johnson. This multinational corporation is known for developing household goods, medical devices and pharmaceuticals but also has a dark past. Some of the brand’s products include baby powder, and there is a long history dating back decades of Johnson & Johnson selling these products containing asbestos fibres.  In 2018, an investigative report by Reuters revealed that Johnson & Johnson was aware that talc products tested between 1971 to the early 2000s contained asbestos, and they withheld information from regulators and the public. Instead, the product’s popularity meant that Johnson & Johnson doubled down on their marketing efforts. The company has stated that if it knew about asbestos contamination, it was unaware of the associated health risks.

Thousands of mesothelioma victims and other asbestos-related conditions have come forward, claiming the baby powder caused their illness. One of the first lawsuits was filed in 1999, but she was forced to drop the lawsuit because of a lack of evidence. In recent years, there has been a surge in lawsuits filed against Johnson & Johnson, with more than 40,000. The reasons cited include everything from diseases like mesothelioma and ovarian cancer to targeted, harmful ads.

One of the first successful mesothelioma lawsuits happened in 2018 when the company was ordered to pay $37 million in compensatory damages and $80 million in punitive damages to a New Jersey couple. Johnson & Johnson continues to fight the mesothelioma claims made against them, and sometimes they have been successful in quashing a verdict or reducing the payout, while in other cases, they have been less successful with their appeals. Most recently, the company has attempted to resolve the lawsuits by filing for bankruptcy, but they have failed twice.

This shocking case is a prime example of a colossal brand being implicated in the mesothelioma scandal, highlighting how many people have been affected by asbestos and the need for compensation.

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Video Answering the 5 Most Common Questions

This guide also includes a comprehensive and detailed set of questions and answers for families with mesothelioma diagnoses. However, we have compiled a video of the top 5 questions answered on mesothelioma to offer a quick guide.

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Frequently Asked Questions

The deceased’s ‘next of kin’ is usually the main person entitled to bring a claim for compensation following the death of their loved one due to an asbestos-related condition such as mesothelioma. Therefore, the person who can usually claim is the deceased’s partner.

If there is no ‘next of kin’ or surviving partner and no will left by the deceased, the intestacy law will decide who will be entitled. In general terms, this typically refers to the children of the deceased.

If a Will is left by the deceased, it will provide details of who is the beneficiary of that Will. There can be more than one beneficiary. Usually, it is the spouse or children of the deceased who will be the beneficiary and executor. An executor is responsible for looking after the deceased’s estate, in other words, the finances, bank accounts and property owned by the deceased.

If you are a brother or sister of the deceased, you may be entitled. However, you should consult a lawyer for legal advice on this matter. Also, even if you do not fit in with any of the criteria mentioned in the above questions, you may still be able to claim compensation under the Fatal Accident Act 1976 as a dependent of the deceased.

The short answer is that there can be many people, including and excluding family members. The main point is that the ‘dependent’ must have been reliant upon the deceased before death or had a reasonable expectation that the deceased would have provided for them. It can include financial support, for instance, where before death, the deceased provided financial support to the dependent or cared for them, so it does not have to be in monetary form to make a 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. You may also be a dependant if you had a reasonable expectation that the deceased would have provided for you had they not died.

Possible dependents:

  • The wife or husband or former wife or husband of the deceased.
  • The civil partner or former civil partner of the deceased.
  • A spouse or civil partner living in the same household as the deceased at least two years before the death.
  • 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 in any marriage or civil partnership.
  • Any brother, sister, uncle, aunt, or children of the deceased.

The claim can be broken down into two. The first would be for compensation on behalf of the deceased’s estate. The bulk of the claim for compensation for the estate in mesothelioma cases is the pain and suffering the deceased had to endure before death; this is the ‘personal injury’ claim plus a return for reasonable funeral expenses. Estate claims are made under the Law Reform Miscellaneous Provisions Act 1934. In addition, the dependents can claim under the Fatal Accidents Act 1976 for their financial dependency and lost services, such as care provided by the deceased before death.

The mesothelioma compensation amounts depend on the specific facts of the case. In respect for the pain and suffering of the deceased before death. Generally speaking, the longer the duration of suffering caused by this disease, the greater the compensation payment. There are case laws that the courts will consider when deciding the amount of compensation payable to the family. Again, speaking in general terms, mesothelioma claims have a range of between £50,000 to £100,000 or more. In addition to this, there will be funeral expenses and a dependency claim, which can also attract a large amount of compensation.

Yes, there are many examples provided on our fatal accident website, asbestos compensation after death. Below are more examples of mesothelioma compensation payouts in genuine cases where a person has died due to the disease.

Zambarda v Shipbreaking (Queenborough) Ltd - Total Award: £98,723 (75 years)

  • Past care and assistance - £4,406
  • Past case management - £3,674
  • Inability to provide services to others - £3,656
  • Miscellaneous expenses - £750
  • Bereavement damages - £11,907
  • Funeral expenses - £3,801
  • Loss of dependency on income (past and future) - £70,529
  • Overall total compensation payment: £98,723

McGregor v Genco (FC) Ltd [2014] - £135,000

The claimant was aged 58 and developed malignant mesothelioma of the pleura. She began suffering from symptoms of mesothelioma in May 2012 with shortness of breath and lethargy and was diagnosed in August. The prognosis was poor. The total mesothelioma compensation payout awarded was £135,000.

A claim for mesothelioma for the family following the death is made against the insurance company where the deceased worked, which is said to have exposed them to the asbestos dust. It is not unusual for many of the deceased’s employers to be no longer trading or to be untraceable. As specialist solicitors in this area, we have extensive experience and resources to help trace and locate the insurance company (the ‘Employer’s Liability Insurers’). One tool to help is the Employer’s Liability Tracing Tool.

Additionally, suppose the family is unsure where the deceased worked or cannot recall the dates of employment. In that case, a search can be conducted for all employers with whom the deceased made National Insurance Contributions. The Government holds records dating back to the early 1960s to help find out how to trace previous employers of the deceased. A proof of employment form can be completed on the Government website.

Therefore, if you are unsure, this should not deter you; we can assist you with the relevant searches to determine where the deceased worked and identify the Employers' Liability Insurers, who are ultimately responsible for paying compensation to family members due to mesothelioma at work.

If more than one employer exposed the deceased to asbestos dust, but one or more are no longer traceable or their insurers cannot be found again, this will not be the end of the claim. The current science behind exposure to asbestos suggests that when multiple employers are to blame, it is not always possible to determine their proportion of fault. Following some case law that proved to be helpful, Fairchild v Gelenheaven Funeral Services [2002], a law was passed under Section 3 of the Compensation Act 2006 where if there were multi-employers who exposed the deceased to asbestos dust, but only one could be found, that one employer would be liable for all of the compensation claim. The contribution from each employer was indivisible.

However, families must remember that Section 3 of the Compensation Act 2006 only helps workers who have died from mesothelioma, not from any other asbestos-related illness.

Yes, court proceedings must be taken within three years from when the deceased knew or suspected that the workplace exposed them to dangerous levels of asbestos. If the death has occurred, court proceedings must be issued within three years from the date of death. These periods may be extended if it is fair to do so under Section 33 of the Limitation Act. However, if you suspect that asbestos exposure has caused harm, you must not delay, as the employer’s insurers will not hesitate to strike out the asbestos claim for undue delay.

A Government scheme has been established to compensate victims of mesothelioma who are diagnosed after July 2012, with an average payout to family members of between £115,000 and £123,000, plus a contribution towards legal costs.

Affected family members may claim themselves free of charge or can use a solicitor specialising in mesothelioma and asbestos-related conditions. Be cautious about who you instruct, as there are company websites that appear to be solicitors but are claims management companies. Look for who regulates the company: solicitors are regulated by the Solicitors Regulation Authority, while claims management companies are regulated by the Financial Conduct Authority (previously the Ministry of Justice until April 2019). They are entirely different.

For information about how to claim under the Diffuse Mesothelioma Payments Scheme (DMPS). Under DMPS, a claim must be brought if the deceased's employer or their insurer cannot be traced, making it a compensation scheme of last resort. You or your solicitor will have to show you have made all reasonable enquiries to trace the relevant employers and insurers but have failed to locate them.

Due to the wide array of asbestos uses, it is thought that anyone could be exposed to the harmful fibres in buildings where 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 is still present to this day. Also, there is case law where a family member, usually the wife of the deceased, may be exposed.

Yes, we offer a No Win, No Fee, No Worry service for all families affected by the loss of a loved one due to a death caused by exposure to asbestos dust resulting in a mesothelioma condition. Family members need not worry about money when instructing our firm. If, for any reason, the case is lost or withdrawn with our agreement, no legal costs will be payable by the family. Therefore, nothing should hold you back from making that call to our friendly team of lawyers who are here to help you and your family in this most difficult time.

A Grant of Probate is required to show to the court that the 'next of kin' has the 'legal authority' to deal with all the legal affairs and finances of the deceased's estate. We will assist you in completing the necessary paperwork to obtain a Grant of Probate. You can find more information by clicking on this link: Grant of Probate.

You may also wish to take out a power of attorney to make essential decisions about financial and/or medical decisions while the person is alive.

Following the death of a loved one due to negligent exposure to asbestos dust at work, causing mesothelioma, a limited class of family members can claim the bereavement award. It is pretty restrictive. The bereavement award is payable under the Fatal Accidents Act 1976, with a statutory compensation payment of £12,980.

There are only a limited class of people who can claim for bereavement award entitlement 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 liiving together as husband and wife/same-sex couple for at least two years before the death

Many people who have been exposed may not show any symptoms and will live a normal life. However, it often depends on the volume and type of asbestos in the workplace. The problem with exposure to asbestos dust at work is that it can take years from first exposure until symptoms develop, with 10 or 20 years not being uncommon. Guidance about symptoms can be viewed on the NHS website.

The short answer is no; smoking does not cause mesothelioma. However, when the court considers cause and effect, other asbestos conditions have proven to be more complex than those of a person who has not smoked.

Other asbestos conditions, such as asbestos-related lung cancer, affect the lining of the lungs. If the deceased were exposed to asbestos and smoked, they are at a much greater risk of developing lung cancer. If that were the case, it would not bar making a claim. Often, the courts will lower the compensation award to the family to reflect the probability that the deceased may have developed a type of lung cancer without asbestos exposure.

In the case of Heneghan v Manchester Dry Docs Ltd, where there were several employers who exposed the deceased (who was a smoker) to asbestos dust, the court concluded that all of them materially contributed to the risk of him contracting lung cancer. Still, the evidence did not indicate that any one of the employers alone had doubled their risk. The court, therefore, found that all of his employers should contribute towards his compensation in proportion to their share of the blame.

In addition to mesothelioma, the other most common asbestos-related conditions are:

  • Asbestos-related lung cancer
  • Asbestosis
  • Pleural thickening

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