Personal injury advice from
Thompsons Solicitors
House of Lords Hearing to Confirm the Fate of Asbestos Cancer Sufferers
16th March 2006
The House of Lords has been asked to determine whether or not the victims of the deadly asbestos related disease mesothelioma will still be entitled to receive full compensation.
This follows on from a failed attempt by insurers to end personal injury compensation for mesothelioma sufferers in the Fairchild test cases heard at the House of Lords in 2002.
Asbestos Related Disease
Mesothelioma is an incurable cancer caused by exposure to asbestos, most commonly through the victim’s working conditions due to the negligence of their employer. It is devastating to sufferers and their families who, up until now, have been able to recover the full amount of compensation payable.
If the appeal by the successors of some steel and shipbuilding companies is successful however, this may no longer be the case. The result could be that many of those affected will see a reduction of thousands of pounds in their awards of damages, leading to financial difficulty.
Employers’ Liability
The main issue to be decided upon is whether or not the total amount of damages to be awarded to a claimant should be reduced in cases where not all of the responsible companies can be sued.
One of the cases being heard at the appeal is that of Mary Murray, whose husband John died from mesothelioma in 1999. He was employed by several companies on the River Wear during his career as a welder, however the one responsible for the largest portion of his exposure is no longer in existence and has no remaining insurer. This is not uncommon in cases of mesothelioma, as it can take many years to develop following exposure to asbestos.
As a result it was only possible to bring a claim against the other employers who were also partially responsible. They are now putting forward the argument that they should not have to pay the full value of the claim.
The Future for Mesothelioma Victims
The decision made will have serious, long term implications for mesothelioma cases in the future and the innocent victims involved.
Ian McFall, who is the Head of Asbestos Litigation for The Legal Line lawyers, Thompsons Solicitors, said: “What we will be asking the Law Lords to do is simple – uphold the law which requires negligent employers and their insurers to pay full compensation to mesothelioma sufferers and their families. Anything less will be an injustice.”
If you or a member of your family has been affected by mesothelioma, or any other asbestos related disease, our specialist personal injury lawyers may be able to assist you in making a personal injury claim. Contact The Legal Line on 0800 032 8511 for cost free advice and assistance, or complete a claim enquiry form.
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