Mesothelioma compensation claims
Around 200 people in Scotland are diagnosed with mesothelioma each year, an asbestos-related cancer that is caused by exposure to asbestos dust.
We have helped many people suffering from Mesothelioma and their families secure rightful compensation by raising claims against former employers.Our specialist mesothelioma solicitors understand the impact an asbestos relates illness can have on people and their families. We meet face to face with our clients and offer one to one contact with our team. We have significant experience in litigating mesothelioma claims for both people exposed through their workplace, and others exposed through other ways such as washing a partners clothing.
How much exposure would cause mesothelioma?
Mesothelioma affects the lining of the lungs or abdomen and is caused by exposure to asbestos dust. When a person breathes in asbestos fibres, these can work their way into the pleura, the membrane that protects the lungs from damage when you breathe. The asbestos fibres can damage the pleura’s cells, leading to changes that may transform them into cancerous cells.
Mesothelioma can be caused by relatively low exposure to asbestos dust, but the risk increases with higher levels of exposure. Symptoms typically include breathlessness, chest pains, and tiredness.
Like asbestosis, it can be many years (up to 40 years in some cases) between a person being exposed to mesothelioma and their symptoms developing, though any exposure up to ten years before the start of the symptoms can have caused the illness
Can I claim if my loved one has already died from Mesothelioma?
Losing a loved one is difficult in any circumstances but there’s a unique trauma that comes from losing someone to mesothelioma.
This is a difficult thing to talk about but it’s something many families speak to us about.
So we wanted to address it so you have easy, understandable information so you can make informed decisions.
Many people seek legal advice for a mesothelioma compensation claim shortly after healthcare professionals have confirmed a diagnosis.
And while speaking to a charity or solicitor quickly is a good step to take, we know it’s not always possible.
Some people may simply not have had the health or time to take such a step.
While others sadly pass away without ever having their condition diagnosed – only for the family to have it confirmed in a post-mortem after their loved one passed.
In simple terms - there is nothing to stop you seeking legal advice if your loved one has already passed away from mesothelioma.
The process of speaking to Digby Brown and the work we do remains the same.
The only real difference is that instead of being able to get information direct from your loved one, we would instead investigate other sources of evidence to help build a picture of your loved one’s life and exposure to asbestos.
For a mesothelioma compensation claim to be successful we typically rely on evidence like:
- Proof of previous employment – specifically the roles where asbestos exposure was likely
- Details of work processes – and details of any failings in relation to PPE or systems of working
- Medical records – that show proof of mesothelioma diagnosis (or a confirmed presence of meso in post-mortem)
- Witness statements – if you cannot recall how your loved one worked then maybe you know of old colleagues and friends who can tell us
Even though your loved one is no longer with you there is even still a way for you to fight on their behalf.
This is because with a posthumous mesothelioma claim you can still recover the damages they would have been entitled to if they were still alive – for their pain and suffering (known as ‘solatium’); and any support and assistance from family members during their suffering.
This means those who were responsible for the asbestos exposure are held accountable and still made to recognise the suffering they caused your loved one.
We know the thought of legal action following the loss of a loved one can seem stressful.
But we are here to offer free advice and help you understand things and our Industrial Disease team has the expertise, resources and trusted reputation to make sure you, your family – and your absent loved one – secure the recognition, justice and damages you deserve.
Beginning a mesothelioma compensation claim in Scotland
We understand that making a mesothelioma compensation claim may be the last thing on your mind. However, if you have been exposed to asbestos and developed mesothelioma as a result, you are entitled to compensation in Scotland.
Mary Campbell contracted mesothelioma by washing her ex-partners clothes. He was exposed to asbestos at work and his work clothes were covered in asbestos dust. Mary used to wash his clothes by hand, resulting years later in mesothelioma.
Our mesothelioma solicitors were able to successfully secure compensation for Mary which has helped Mary purchase an automatic car making it easier for her to drive and put in a stair lift and bathroom modifications like a walk in shower to help her stay mobile.
Contact our mesothelioma solicitors today
If you think you have developed mesothelioma as a result of exposure to asbestos at work, we would encourage you to contact our specialist mesothelioma solicitors as quickly as possible.
We are here to guide you through the compensation process and secure you the best level of compensation for you at no financial risk using our no win no fee funding model, Compensate.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
0333 200 5926
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Saturday and Sunday: 12pm - 4pm
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