How long do mesothelioma claims take?

Posted: 22nd Oct 19 11:30 AM

If you have been diagnosed with mesothelioma, it is likely that you will be able to claim for compensation.

What is mesothelioma?

Mesothelioma is an incurable cancer caused, in the vast majority of cases, by exposure to asbestos dust and fibres.

It is thought to be quite a rare cancer, but it has become increasingly more common. Figures from the Health and Safety Executive show that more than 2,500 people are diagnosed with pleural mesothelioma in the UK each year. The Department for Work and Pensions have said that 53,000 people will die from mesothelioma between 2013 and 2037.

How long should a mesothelioma settlement take to conclude?

It is difficult to give an estimate for how long asbestos-related disease claims will take, as every case has different circumstances.

However, because mesothelioma is such a serious disease, our expert legal team is able to fast track your legal procedures in courts to allow cases to conclude within 3-6 months.

Some cases will take longer than this if complications arise – your solicitor should advise you if there are any unusual circumstances which could prolong your claim.

Can I still start a mesothelioma claim if the victim has died?

Yes. If the person diagnosed with mesothelioma has died, it is very common for cases to be brought forward by their widow/widower, or by the executors named in their will.

How long do I have to start my claim?

In any industrial disease case, there is a 3 year limitation period in which you can bring forward and start a claim.

The 3 years typically start from the date of diagnosis, or when somebody has died from an industrial disease.

In any circumstance, it is important to seek expert legal advice as soon as possible to stand the best chance of bringing forward a successful mesothelioma claim.

Civil compensation and claiming benefits for mesothelioma

At the National Asbestos Helpline we can investigate your eligibility for a civil compensation claim and help you apply for important benefits available for people exposed to asbestos. These include:

  • Pneumoconiosis Etc. (Workers’ Compensation) Act 1979 can help people if their past employer no longer exists.
  • Diffuse Mesothelioma Payment Scheme (DMPS) covers people who were exposed to asbestos in the UK, where no payment can be made for a civil claim under the 1979 Act above.
  • Industrial Injuries Disablement Benefit (IIDB) helps people who are ill or disabled as a result of an accident or disease caused through their occupation.
  • Disability Living Allowance (DLA) or Personal Independence Payments (PIP) are there to assist those with long term ill-health.

If you or a loved one is ever diagnosed with mesothelioma or another asbestos-related condition, don’t hesitate to get in touch with the National Asbestos Helpline. We’re here to help you with advice about your condition and how to cope with it, and can also advise on any benefits and/ or compensation you might be entitled to. Call us on Freephone 0800 043 6635, or email enquiries@nationalasbestos.co.uk.

Further reading

Practical Information

What is mesothelioma?

What is the asbestos compensation claims process?

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