20.2.12

Sponsored blog post: Potential for higher mesothelioma compensation after High Court ruling

A ruling in the High Court last week over looks likely to have a widespread impact for people affected by asbestos related diseases. A 92-year former coal miner who had been diagnosed with mesothelioma was awarded £50,000 compensation for the pain and suffering associated with his condition.

The claimant in this case had spent his career working for the National Coal Board and the British Coal Corporation. He had been exposed to asbestos fibres on numerous occasions. After retiring he was diagnosed with mesothelioma and given only a few months to live. The size of his compensation was disputed by the Secretary of State for Energy and Climate Change, who was the defendant in the claim.


In court the defense team argued that the age of the claimant meant his compensation should be reduced. The former miner’s legal team said this was not the case and argued he was entitled to compensation that was not prejudiced by his age or his life expectancy and the High Court judge agreed.


In future mesothelioma claims, the compensation awarded should reflect the pain and suffering endure by those affected by mesothelioma. It is likely to pave the way for elderly mesothelioma sufferers and people suffering from similar asbestos-related terminal conditions to claim compensation that reflects the impact that their industrial disease has had on their life, regardless of their age or their life expectancy.


For more commentary on this mesothelioma case, visit the Camps Solicitors website.


Neil Worrall

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