Following a campaign by mesothelioma sufferers, lawyers, asbestos support groups and trade union organisations, an amendment has been made to the Compensation Bill that will restore victims’ right to receive full personal injury compensation.
A ruling made on 3rd May 2006 by the House of Lords had meant that mesothelioma victims could no longer recover the full amount of damages in cases where not all of the defendants could be traced or had traceable insurers. The Legal Line's lawyers were involved in the House of Lords case and were instrumental in the campaign to have the bill amended.
A few weeks after the decision was made however, Tony Blair voiced his support for the campaign to reverse the decision, stating that the Compensation Bill in place to regulated the personal injury claims industry would be amended.
On 17th July, the third reading of the Compensation Bill outlined that victims of mesothelioma, a fatal asbestos cancer, could again claim the full amount of compensation to which they are entitled.
Since the May ruling, sufferers and their families had been left uncertain as to whether they could make a successful claim where more than one former employer was involved.
The amendment will not only help those that claim in the future, but also mesothelioma victims who had a claim settled following the House of Lords decision. Some people were only able to recover greatly reduced amounts of damages and may now be able to have their cases reviewed.
The House of Lords decision centred around test cases brought by the widows of two mesothelioma victims. One of these cases was a compensation claim brought by Mrs Murray, whose husband had been employed as a welder by various shipyards.
His death was caused by mesothelioma, which is exclusively caused by exposure to asbestos. It had not been possible to bring a claim against all of his former employers and one of them argued that they should only pay a percentage of the compensation payable. The Law Lords ruled in their favour.
The Legal Line welcomes the move to reverse this decision, which was devastating to many victims of this terrible disease. Our lawyers are specialists in personal injury claims for asbestos diseases and can provide cost free claim advice and assistance. Contact us on 0800 0328511, or by completing a claim enquiry form, if you have been affected by mesothelioma.