Mesothelioma Claims — Asbestos Cancer Compensation

What Is Mesothelioma?

Mesothelioma is a malignant tumour of the mesothelium — the thin membrane lining the chest cavity (pleural mesothelioma), abdominal cavity (peritoneal mesothelioma) or, more rarely, the pericardium or tunica vaginalis. It is almost exclusively caused by asbestos exposure, and the UK has the highest incidence rate in the world as a direct consequence of heavy industrial asbestos use throughout the twentieth century.

The disease typically presents 20 to 50 years after the relevant exposure, meaning many sufferers were exposed in the 1960s, 1970s and 1980s. Symptoms include breathlessness, chest pain and pleural effusion (fluid around the lung). The average survival from diagnosis is 12-18 months, though this varies with age, fitness and the sub-type of the tumour.

Why Mesothelioma Claims Require Urgency

Given the serious prognosis, it is vital to instruct a specialist solicitor as soon as possible after diagnosis. Our objectives are to:

• Identify the responsible employer(s) and their insurers at the earliest opportunity
• Send a letter of claim promptly and push for early liability admission
• Obtain a substantial interim payment as quickly as possible to benefit the claimant during their lifetime
• Secure statements from the claimant while they are well enough to give evidence
• Pursue full and final settlement as rapidly as possible

We work alongside palliative care teams, specialist nurses and occupational therapy services to ensure that legal proceedings run in parallel with the best possible medical and support care for the claimant and their family.

The Fairchild Principle

In mesothelioma cases, it is often impossible to prove which employer's particular asbestos fibres caused the tumour given the long latency and the fact that claimants were often exposed by multiple employers. The House of Lords in Fairchild v Glenhaven Funeral Services [2002] UKHL 22 held that each employer who materially increased the risk of mesothelioma by exposing the claimant to asbestos is fully liable in tort. This overrides the normal "but for" causation test and makes mesothelioma claims significantly more achievable for claimants who worked for multiple employers.

The Diffuse Mesothelioma Payment Scheme

Where no employer can be identified, or no insurer can be traced, the Diffuse Mesothelioma Payment Scheme (DMPS), established under the Mesothelioma Act 2014, provides a lump sum to eligible claimants. Payments are a percentage of average civil damages based on the claimant's age at diagnosis. The DMPS is a last resort — a civil claim against a traceable insurer typically produces a higher recovery. We advise on the most appropriate route in every case.

Government Benefits Available to Mesothelioma Sufferers

Mesothelioma sufferers may be entitled to:

• Industrial Injuries Disablement Benefit (IIDB) — a weekly benefit for those disabled by a prescribed occupational disease
• Pneumoconiosis etc. (Workers' Compensation) Act 1979 — a lump sum available where an employer is no longer in existence
• Personal Independence Payment (PIP) — to help with daily living and mobility needs
• Attendance Allowance — for those over 65 needing care

Research References

• Health and Safety Executive. Mesothelioma statistics in Great Britain. HSE, 2024.
• Rake C, Gilham C, Hatch J, et al. Occupational, domestic and environmental mesothelioma risks in the British population. British Journal of Cancer. 2009;100(7):1175–1183.
• Mesothelioma UK. National mesothelioma information and support service. NHS-funded resource.

No Win, No Fee Mesothelioma Claims

We act under a Conditional Fee Agreement. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation. We will ensure you understand all terms before proceeding.