Asbestos & Mesothelioma Claims.

Yes — where a person has died from mesothelioma, their family has two routes to compensation. The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate to claim for losses suffered by the deceased before death — including pain and suffering and financial losses. The Fatal Accidents Act 1976 allows dependants — a spouse or civil partner, children, and others financially dependent on the deceased — to claim for their own losses, including loss of financial dependency and a statutory bereavement award. Claims should be brought within three years of the date of death. Where the deceased had already started a claim, it can be continued by the estate. Family members who were exposed to asbestos through the deceased's work clothing may also have their own personal claims if they have developed an asbestos-related condition.

Yes — if your mesothelioma was caused by asbestos exposure during employment, you have a strong claim against the employer or employers responsible for that exposure. Employers had a duty to protect workers from asbestos exposure, and the dangers of asbestos have been known and regulated since the 1960s. A successful claim compensates for pain and suffering, loss of earnings, care costs, and other financial losses. Claims can also be brought where exposure occurred during self-employment, as a contractor, or through secondary exposure. The strength of an asbestos claim is generally high — the causal link between asbestos exposure and mesothelioma is scientifically well-established and accepted by the courts.

No — all workplace illness claims at Robertsons, including mesothelioma claims, are funded on a conditional fee agreement (CFA) — commonly called no win no fee. You pay nothing upfront and nothing if the claim is unsuccessful. If the claim succeeds, legal fees are recovered from the defendant, and any success fee or after-the-event insurance premium is agreed transparently at the outset. The funding arrangements are explained fully before you instruct us. Given the serious and often terminal nature of mesothelioma, ensuring the claims process is as straightforward and stress-free as possible for the claimant and their family is a priority. You should never be deterred from pursuing a mesothelioma claim by concern about legal costs.

The standard limitation period is three years from the date of diagnosis or the date of knowledge. In mesothelioma cases, courts treat time limits with particular urgency given the short prognosis — cases can be fast-tracked so that claimants receive compensation during their lifetime. Where a claimant has died, their estate has three years from the date of death to bring a claim. Applications to the Diffuse Mesothelioma Payment Scheme must be made within three years of the diagnosis. Given the seriousness of the condition and the importance of acting while the claimant can give evidence and instruct their solicitors, taking legal advice as soon as possible after diagnosis is strongly recommended — do not delay.

Mesothelioma claims are treated with urgency by the courts because of the claimant's prognosis. Where liability is accepted and the insurer engages promptly, claims can settle within weeks or a few months of instruction. Where liability is disputed or an insurer cannot immediately be traced, the process takes longer — but courts will fast-track a mesothelioma case to trial if necessary to ensure the claimant can give evidence. Claims under the Diffuse Mesothelioma Payment Scheme are typically processed within a few months. The priority in every mesothelioma claim is to secure compensation for the claimant during their lifetime — specialist solicitors will work urgently to achieve this from the day of instruction.

Mesothelioma compensation is typically substantial, reflecting the severity and terminal nature of the disease. It covers: general damages for pain, suffering, and loss of amenity — assessed using the Judicial College Guidelines for serious, life-limiting conditions; past and future loss of earnings and pension; care costs — both professional and provided by family members; the costs of treatment; and other financial losses. Settlements and awards in mesothelioma cases frequently range from £100,000 to over £300,000, depending on age, life expectancy, earnings history, and care needs. Compensation is paid as a lump sum. Where a claimant dies before the claim is resolved, the estate and dependants can continue the claim and may also have additional claims under the Fatal Accidents Act 1976.

The core evidence for a mesothelioma claim is a confirmed medical diagnosis — usually from a respiratory consultant or oncologist, confirmed by biopsy or other pathological analysis. Beyond diagnosis, the claim requires evidence of the asbestos exposure: a detailed work history identifying the employers and periods of employment; evidence of the nature of the work and the exposure to asbestos — including the types of asbestos products encountered; and ideally corroboration from former colleagues or trade union records. Employment records, wage slips, or National Insurance records can help establish the work history where memories are unclear. Specialist solicitors experienced in industrial disease claims are adept at reconstructing exposure histories from partial records and can obtain expert occupational hygiene evidence where needed.

Yes — the fact that a former employer has dissolved, gone into liquidation, or changed its name does not necessarily prevent a claim. Employers were legally required to hold Employers' Liability insurance, and insurers remain liable even after a company has ceased trading. The Employers' Liability Tracing Office (ELTO) maintains a database of historic employer liability policies that can be searched to trace insurers. Where an insurer cannot be traced, the Diffuse Mesothelioma Payment Scheme provides a government-funded compensation scheme. Specialist solicitors have significant experience in tracing dissolved companies and their insurers — the process is complex but far from impossible, and many claimants successfully recover compensation despite the passage of decades since their exposure.

Mesothelioma is an aggressive cancer of the lining of the lungs (pleural mesothelioma) or abdomen (peritoneal mesothelioma), caused almost exclusively by exposure to asbestos fibres. There is no safe level of asbestos exposure — even relatively brief or low-level exposure can cause mesothelioma decades later. The disease has a long latency period, typically 20 to 50 years between exposure and diagnosis. Mesothelioma is incurable, though treatment can extend life and improve quality of life. It is almost always caused by workplace asbestos exposure — trades with particularly high rates include construction, shipbuilding, insulation work, plumbing, electrical work, and manufacturing. Secondary exposure — through washing the clothes of someone who worked with asbestos — has also caused mesothelioma.

The Diffuse Mesothelioma Payment Scheme (DMPS) is a government-funded scheme that provides compensation to mesothelioma sufferers who are unable to claim from an employer or insurer — typically because the employer has dissolved and no Employers' Liability insurer can be traced. To qualify, the claimant must have a diagnosis of diffuse mesothelioma, have been exposed to asbestos in the course of their employment in Great Britain, and be unable to bring a civil claim or claim under the 2008 Pneumoconiosis etc. (Workers' Compensation) Act. The scheme pays 80% of the average civil damages for mesothelioma. Claims to the DMPS should be made alongside — not instead of — attempts to trace the insurer, as the civil route typically produces higher compensation.

Mesothelioma is the most serious asbestos-related condition, but others can also give rise to compensation claims. These include: asbestos-related lung cancer — where asbestos exposure has caused or contributed to lung cancer; asbestosis — a progressive scarring of the lung tissue caused by asbestos inhalation, leading to breathlessness and reduced lung function; pleural thickening — a non-malignant thickening of the lining of the lungs that can cause breathlessness and reduced quality of life; and pleural plaques — discrete areas of thickening on the pleural lining. Claims for these conditions follow the same general process as mesothelioma claims, though the compensation levels and urgency differ. Pleural plaques alone are not compensable in England and Wales following the House of Lords' decision in Rothwell v Chemical & Insulating Co Ltd [2007].

Beyond legal compensation, mesothelioma patients and their families can access a range of support. Mesothelioma UK is the national charity providing specialist nurse support, information, and practical help to patients and families. Macmillan Cancer Support and Marie Curie provide broader cancer support services. Benefits including Personal Independence Payment, Attendance Allowance, and Industrial Injuries Disablement Benefit may be available — a specialist welfare benefits adviser can assess entitlement. The Asbestos Victims Support Groups Forum provides peer support and advocacy. In Wales, Tenovus Cancer Care offers support to patients and families. Many patients also benefit from specialist palliative care teams and hospice services. A specialist solicitor can signpost to support organisations as part of their overall service to the client and family.