Industrial claim

[rosysummer]

My mum died recently from mesothelioma, asbestos cancer. I was prompted by the lung nurses at her hospital to put in a claim for compensation, I researched it and the internet is full of it.

Can anyone please tell me how I find a solicitor that won't rip us off, the few I have tried are asking for money up front.

I filled in the government form but it was rejected, I really do not understand all the legal jargon, and would welcome any help at all.

Many thanks in advance.

[BankFodder]

If you want some help with the form then if you post it here, we may be able to give you some clues. In terms of getting a solicitor – yes your right you will deftly need that kind of help and you can be sure that an ordinary high street solicitors will not have the experience to be able to do the job properly. You need an employment specialist and although we very rarely recommend particular firms, you could try contacting Thompson's https://www.thompsons.law/ Who are probably one of the biggest and most experienced in the business.

 

Of course, do your best to get some kind of no-win no fee deal including an insurance so that if you fail, any losses are paid by the insurer. Or else the solicitors absorb the losses themselves.

 

I suggest very strenuously that you don't get involved with any claims management people and certainly nobody who cold calls you

[rosysummer]

Thank you so much Bankfodder for this advice, I will contact Thompson's first thing in the morning.

[Guest Mrs Hobbit]

The government stepped in and set up a compensation scheme for the patient who could not identify the employer. https://www.gov.uk/government/news/asbestos-victims-to-get-123000-in-compensation.

 

This may be of help to you.

[rosysummer]

I have already tried the to claim and I do not qualify.

[Guest Mrs Hobbit]

I am not too sure that you can claim compensation as this did not directly affect you (I am not being flippant). if you were dependent on your mother before her death this would have been different.

 

Please let us know how Thompsons respond.

[rosysummer]

Yes that's what I was told, it was her nurses who insisted I claimed.

[Guest Mrs Hobbit]

Was this when your mother was alive?

[BazzaS]

I am not too sure that you can claim compensation as this did not directly affect you (I am not being flippant). if you were dependent on your mother before her death this would have been different.

 

Not correct.

Being financially dependant on the mother is required for part (but only part) of a claim under the Fatal Accidents Act 1976 (the so called 'dependency claim')

 

Even if not a beneficiary of the deceased estate, a daughter can claim under FAA 1976 (if they paid for the funeral) for funeral expenses, if not claimed under LR(MP)A 1934 (see below).

A daughter cannot claim for 'bereavement damages', (the third head of claim under FAA 1976).

 

The deceased's estate (and thus its beneficiaries) can also bring any claim that the deceased would have been able to bring (such as a mesothelioma claim!) at the instant before death under the Law Reform (Miscellaneous Provisions) Act 1934 [LR(MP)A 1934]

This would include funeral expenses, but these can only be recovered once (under either the LR(MP)A 1934, or the FAA 1976, but not both).

 

So, the FAA 1976 applies for the OP even if the OP is not a beneficiary of the estate, but if a beneficiary of the estate the estate should take action under the LR(MP)A 1934, as it covers more matters (such as a claim for pain, suffering and loss of amenity that the FAA 1976 doesn't).

[Guest Mrs Hobbit]

Bazza, I am writing from my experience with a claim. All I got was the funeral expenses. I was the wife.

 

There was nothing before and the claim was initiated six months before death in 2008.

[BazzaS]

Bazza, I am writing from my experience with a claim. All I got was the funeral expenses. I was the wife.

 

There was nothing before and the claim was initiated six months before death in 2008.

 

A claim under the government scheme, or against a previous employer (or their insurers!) resulting from industrial exposure to asbestos.

 

Was your claim made under FAA 1976 or by the estate under LR(MP)A 1934?

If it was made before death it'd have to be LR(MP)A 1934 : so why nothing for pain, suffering and loss of amenity?

[rosysummer]

I have heard this before.

I have spoken to solicitors and been told that because no one else is taking action against her former employers, they won't take on the case.

Worth a try I suppose.

[BazzaS]

I have heard this before.

I have spoken to solicitors and been told that because no one else is taking action against her former employers, they won't take on the case.

Worth a try I suppose.

 

For mesothelioma there would should be a coroner' inquest, even if the cause of death is clear. What was the inquest's verdict?.

 

The diffuse mesothelioma payments scheme also got amended. The initial (2008) scheme may not have predated Mrs Hobbit's experiences, but even if it did, it was amended in 2014 to cover diagnoses since 25th July 2012.

 

https://www.gov.uk/government/news/asbestos-victims-to-get-123000-in-compensation

 

What was the date of your mother's diagnosis?

Has the estate made the claim under LR(MP)A 1934?

[rosysummer]

Just wanted to say Thank you to everyone who answered my call.

I have decided to not pursue this any further as it just stirs up memories that are not the most pleasant.

I will just leave it and try to come to terms with losing mum.

Once again my most grateful thanks to you all.

[Guest Mrs Hobbit]

It was under LR(MP)A 1934. Nothing apart from funeral costs. This is why I am interested in this claim. I know what I was told (in writing) why I was not eligible for any compensation, but thought they would consider what husband had gone through.

 

 

Coroners verdict Lung Cancer mesothelioma; His RN Service record was discussed at length, contributing factor was the length of time to exposure.

 

rosysummer, I chalked it up to experience and decided not to pursue it any further as I would be taking n Royal Navy

[rosysummer]

I feel the same way, my mum was a laboratory technician and used asbestos mats to dry the beakers on, her death certificate says Mesothelioma, due to contact with asbestos, if I'm honest I just want to put it all behind me, this is the wrost of all cancers, and very distressing to see your loved one go through, I feel for you Mrs Hobbit, thank you for all your help,