Personal injury advice from
Thompsons Solicitors
Justice for the Families of Mesothelioma Victims
16th April 2007
The Legal Line’s lawyers, Thompsons Solicitors, are launching a nationwide campaign to achieve justice for the families of mesothelioma victims throughout the UK.
Asbestos Related Mesothelioma
Mesothelioma is a fatal form of cancer caused by exposure to asbestos and primarily affects the lining of the lungs. It is attributed to the inhalation of asbestos fibres, which mostly occurs as a result of working with asbestos without sufficient protection.
Many innocent victims die from this terrible disease every year and the number of cases is set to rise each year until 2020.
Damages for Bereaved Relatives
Currently, there is an inequality in the levels of bereavement damages paid to families in England and Wales, when compared with equivalent families in Scotland. It was recently revealed that they often receive tens of thousands of pounds less in compensation.
At present the level of bereavement damages in England and Wales is set at £10,000 and is only payable to the spouse of the deceased. This amount is fixed by the Fatal Accidents Act 1976.
In Scotland however, the courts decide on bereavement payments. The compensation awarded can be up to £30,000 to a spouse and £10,000 each to other close family members, including children, siblings, parents, grandchildren and same sex and common-law partners. In some cases juries in Scotland have even decided that compensation of up to £50,000 should be paid to widows in respect of bereavement.
The Law in Scotland was recently altered by the Scottish Parliament, to make claiming damages easier for families affected by asbestos. This change was achieved following a campaign supported by solicitor advocate, Frank Maguire of Thompsons Scotland.
Campaign to Change the Law
Our lawyers are demanding that this injustice be addressed and rectified and are calling for support for their campaign, which seeks to change the way that payments for bereavement are assessed, bringing payments for families in England and Wales into line with payments made to families in Scotland.
Thompsons’ head of asbestos policy, Ian McFall said: “The law must be changed to ensure families in England and Wales are entitled to the same level of compensation for bereavement as the equivalent family in Scotland.”
“The present law means a widow in Tyneside who lost her husband to mesothelioma following exposure to asbestos at Swan Hunter shipyard would receive just £10,000 for bereavement while a widow in Clydeside whose husband was exposed to asbestos doing the same job in the Govan Shipyard and died from the same disease could receive up to £30,000”.
Mr McFall added: “£10,000 compensation for bereavement is a derisory sum for the grief caused by the death of a close family member. Whole families suffer terribly when they lose a loved one to mesothelioma. They carry the emotional burden with them the rest of their lives.”
If you would like to know more about Thompsons Solicitors Justice for Asbestos Families Campaign, visit our mesothelioma campaign page. The campaign has also been reported by the BBC, follow the link to read their article.
Industrial Disease Compensation
If you or a member of your family have been affected by mesothelioma, or any other asbestos related disease, our specialist lawyers may be able to assist you in claiming personal injury compensation.
Contact The Legal Line on 0800 0328511 or by completing an online compensation claim enquiry form.
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