Levels of compensation – asbestos claims

Each case is different, with injuries and disease varying from one individual to the next, which means there are no pre-determined compensation figures. Instead, they have to be assessed individually with the help of medical evidence.

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There are two parts to a personal injury compensation claim:
– General damages, for the pain, suffering and loss of amenity – or lifestyle limitations – experienced as a result of your injury;
– Special damages, for the expenses and losses you have incurred to date and may incur in the future.

Our specialist lawyers use case law and other legal sources to help value the amount of general damages that you might be awarded if the claim is successful. Of these, the Judicial College

Guidelines is probably the most influential and important. Set out below are the current guideline levels of general damages that potentially may be awarded by the court for each asbestos disease.

Mesothelioma

The level of award varies greatly depending on the duration of the pain and suffering from between £51,500 and £92,500. For periods of suffering of up to 18 months, awards towards the lower end may be likely, while claims involving suffering of more than four years may result in compensation at the top end.

Lung cancer

The level of award varies between £50,000 and £71,500.

Asbestosis

In the early stages the condition can be symptomless but later in life asbestosis causes severe breathlessness. The level of award varies between £28,250 and £77,800. Respiratory disability of between 10% and 20% will probably attract an award in the region of £40,000 to £50,000.

Pleural thickening

Claimants with this condition, which causes symptoms of breathlessness, may be awarded between £24,500 and £50,000.

Symptomless Pleural Plaques and Pleural Thickening

These conditions no longer entitle the sufferer to compensation, following a decision of the House of Lords in October 2007. The Scottish Parliament intends to legislate to overturn this decision but the government has indicated that it does not intend to do the same in England and Wales although they have recently announced a scheme to cover claims, which had been started before the law was changed and details can be found online.

Reassurance and advice when there are obstacles to overcome.

How can Gotelee help?

We can advise you as to the merits of your claim at a free initial appointment at one of our offices in Ipswich, Felixstowe, Hadleigh or Woodbridge.

We can also arrange a home visit if required and offer a fully insurance-protected No-Win No-Fee conditional fee agreement.

We will investigate your case quickly and, where possible, we will obtain an interim payment of damages for you.

To find out more, call 01473 298125 or complete our online enquiry form.

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