A few reminders to make sure you are protected
It is human nature to enter a period of reflection when learning of a medical diagnosis. This is especially common when the cause of the condition is not clear. Questions such as what might have caused my condition, did my past life choices increase my chances of developing this condition, and was I or someone else ultimately at fault for what has now come about can flood a person’s mind.
Internal questioning like this does many things to someone. Conversations with friends, family and long-lost colleagues regarding past living and working conditions occur. Maybe, if motivated enough, some much-needed spring cleaning to locate photographs and documents. The information uncovered through these investigations can be the difference between success and failure in a legal claim.
Lifetime evidence
The most helpful evidence in a legal claim is often a mesothelioma patient’s first hand account of how, where and when they were exposed to asbestos. One of our recommended solicitors will be happy to come and visit you and bring your memories to life in the form of a witness statement. This is sometimes referred to as ‘lifetime evidence’ and it is a crucial ingredient in a successful legal claim.
Distinctions to be made when preserving lifetime evidence
As time passes and more asbestos exposure sites are uncovered, new pathways to seek compensation are created for impacted individuals and their families. Living victims and the estates of those deceased can bring compensation claims under different schemes and before the Court. Possible routes to claiming compensation include:
- A civil claim against a former employer who are insured and still trading and have the means to pay any compensation awarded in the event of a successful claim.
- An application to the Diffuse Mesothelioma Payment Scheme, which is a scheme set up to compensation mesothelioma patients who were negligently exposed to asbestos by a former employer that is no longer trading and does not have insurance.
- An application to the T & N Scheme, which is a scheme set up for mesothelioma patients who were negligently exposed to asbestos by a company who were owned by Turner & Newall.
- A War Pensions lump sum award of £140,000, payable to mesothelioma patients who were exposed to asbestos while serving in the armed forces.
Due to the creation of these different claim pathways individuals need to be more careful than ever when preserving their lifetime evidence. Consider the following possible claimant:
- An 81 year old mesothelioma patient who was exposed to asbestos while serving in the armed forces and also negligently exposed to asbestos by a former employer who is no longer trading and does not have insurance.
This patient would have two potential routes to compensation. They could make an application to the Diffuse Mesothelioma Payment Scheme or they could potentially be eligible for a War Pensions lump sum award.
If the lifetime evidence does not deal thoroughly with all instances of asbestos exposure, this can cause difficulties. The patient in the above example may think that their asbestos exposure in the armed forces is relatively insignificant when compared to the exposure that they had with their former employers. If they focused on the exposure with their former employers and did not properly address the exposure in the armed forces, this could affect their eligibility for a War Pensions lump sum award.
As well as closing off a potential compensation route, this could lead to the patient in this example being awarded less compensation. An 81 year old mesothelioma patient is entitled to a lump sum of £120,193 if they make a successful application to the Diffuse Mesothelioma Payment Scheme. However, if they successfully applied for a War Pensions lump sum award, they would receive £140,000.
A solicitor would be able to ensure that the lifetime evidence gives full detail of all sources of asbestos exposure and will be able to advise on the best route to compensation for each individual patient.
It is therefore strongly recommended that individuals speak with solicitors regarding all exposure to asbestos they may have had during their lifetime – regardless of whether such details seem too remote to matter. Solicitors play a critical role in helping individuals navigate the various compensation pathways. They keep abreast of the ever-evolving legal landscape and the evidence needed to bring successful compensation claims. They can also help Claimants articulate and preserve their lifetime evidence so that future claim possibilities are not forfeited.
The solicitors on our legal panel will come and see you free of charge and you will be under no obligation to proceed with a claim even after they have seen you. It is important that you seek advice as soon as possible, so that your lifetime evidence can be preserved and you are advised of all of the options so that you can make an informed decision about making a claim.
If you have any concerns about contacting a solicitor, HASAG can discuss these with you and then point you in the right direction.
