Asbestos Victims Are Dying Before They Can Receive Their Compensation
The new system was introduced because of the huge legal costs which were amounting due to handling the number of asbestos related cases. In addition the funds for compensation were around $1.5 billion dollars less than what was needed. In order to cut down legal fees and reduce costs the government introduced a claims timetable and made mediation the way in which the claims were to be handled and solved. A review of how well this new system was working showed that legal costs had been reduced for both the defendant and the plaintiff which was considered to be positive. However the system failed by the amount of time it took to actually solve the cases, meaning that some victims never saw the money that they were entitled to and which could have enriched they lives during the final period.
Now cases can be referred to a judge if it looks like the victim is likely to pass away before the case is resolved according to the timetable. However this process is also not working quickly enough with some victims applying under this scheme dying only a couple of weeks before they are removed from the timetabled process. The judge, in speaking out against this process said that there is a serious problem if victims are only reviewed within the final few weeks of their lives. In these cases the victim is often in extremely poor health and deteriorating fast, making it very unlikely that their case will be solved within their life time. There have been calls to review the process to see if there is any way in which it can be sped up to avoid these types of situations. Many have also commented that the previous system used before the new timetabled version was put into place was more effective at solving the cases quickly. However due to the high legal costs to the defendant through the old system, it may not be financially viable to return to it.
Overall the message is clear. Victims in these cases need to have their claims for compensation resolved before they die. It is important that this happens to ensure not only the financial well being of the victims in the last stages of their life but also the financial position of their families.
About the Author
Danielle is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.
New Asbestos Compensation Ruling
Following a new Government consultation paper, those affected by conditions caused by the inhalation of asbestos could be entitled to up to £5,000.
This paper overturns a controversial ruling by the Law Lords last year, which stated that insurance companies were not liable for compensation. The “no fault†scheme has been introduced to speed up payouts to suffers of “pleural plaques†a condition that can lead to serious diseases such as mesothelioma and lung cancer.
Campaigners, however, are unhappy that calls to scrap the insurance company liability ruling altogether have been firmly rejected. This has also been met with outrage by politicians such a Labour MP Michael Clapham, who said:
“The disease is caused by negligent exposure to asbestos, which causes a physiological change, and the victim should be compensated.â€
He continued:
“This is a working-class disease and there is no doubt that had it been a middle-class disease the judges would have contrived a way to pay compensation.â€
Liverpool and the Wirral are considered to be hotspots for asbestos related illness, with reported cases of conditions occurring at higher than that average national level. In total, 1150 people died from Mesothelioma across the region from 1980-2005.
Among the areas worst affected were Ellesmere Port, Neston, Halton, Knowsley and Sefton. This is due to the region’s tradition of shipbuilding and heavy industry which over the years have led to high levels of asbestos exposure.
The death toll is expected to rise over the coming years, with experts predicting that as many as 2,450 related deaths could occur each year nationwide by the year 2015
Gina Simpson from specialist asbestos compensation claims company Aegis Law commented on the ruling by saying: “There are potentially thousands of people across the northwest who could be affected by conditions such as mesothelioma, as a result of prolonged exposure to asbestos dust.â€
“If you think that you, or a loved one may be affected, call us today on: 0800-148-4747 where one of our friendly team will be happy to help you to claim what you are entitled to.
About the Author
Aegis Law
3 The Row,
Market Street,
Hoylake,
CH47 2BF
Tel: 0845 270 2093
Email: Gina@aegis-online.co.uk
Asbestos Methelioma Attorneys
Handling asbestos causes mesothelioma. This comes from working in an environment that is affected by this deadly material or by someone that is contracted to remove it. Most of the time, the workers are made clear of the dangers that can be caused by working with this type of material. However, some employers will allow little or no protection from the material when the employees are handling it. These workers are entitled to compensation for their work.
For most people, they will not get any better and will have to live with this type of problem for the rest of their life. When someone has to go through that much pain and suffering in their life because their company did not tell them that they were in danger, they will deserve a settlement for their time and their pain. Mesothelioma attorneys will fight for their patients to have all of their medical bills paid and to have a little extra money to help them with the rest of their life. This is an important procedure that will determine how well you settle out.
You need to be confident in your attorney so that the facts can be presented and the client will have a fair and good case. In some cases the patients will die before the case is settled. In these cases, the families of them will be entitled to the remaining settlement. They will have to live without their family member for the rest of their life due to this terrible form of cancer and they will deserve to be compensated well for that reason. Mesothelioma attorneys will help them fight for what their loved one wanted so much. In the end, the money and the settlement cannot make what is wrong turn right. It is not going to bring back the loved one. However, it will be telling these companies that they did something wrong and that they did not get away with it. You will be fighting for rights of the workers and the responsibilities of the employers.
About the Author
Learn more about Mesothelioma and Asbestos related disease here Asbestos Related Disease and also here Mesothelioma Attorneys.
The Mesothelioma Compensation Claims Time Bomb
On the 20 August 2008 Thomas Renfrew of Ardrossan, Ayrshire, was awarded £130,000 in damages for ill health due to exposure to asbestos. He worked as a shipbuilder for 14 years, often coming into contact with asbestos. It was argued in court that Mr Renfrew could live for another 10 years with the disease and that the amount of money rewarded was to make the rest of his life a more pleasant one. The companies that he worked for wanted to pay significantly less because they estimated that he would only live for another 3 years, effectively admitting that his exposure to asbestos had affected his health and predicted life span.
Today, an increasing number of claims are being made due to mesothelioma. One of the reasons for this may be that the symptoms often don’t appear until 20 to 50 years after the asbestos exposure. Symptoms include shortness of breath, persistent coughing, chest pains, weight loss, abdominal swelling and a wide range of other problems. In the later stages of the disease tumours develop throughout the body, although usually these tumours are located primarily in the lungs. As the symptoms of mesothelioma are similar to other illnesses, they can often be misdiagnosed. Obviously, as you can see in the case of Mr Renfrew, life expectancy is reduced dramatically.
If you have worked with asbestos in the past and you experience any of these symptoms then you should consult a doctor immediately. You may also wish to contact specialist claims lawyer who has experience with asbestos cases. As you can see from the Renfrew case, claims of asbestos poisoning and the contraction of mesothelioma are taken very seriously indeed. It is important to have a specialist lawyer working for you, as they will understand the legal proceedings that will directly apply to a claim of this nature. They will also be aware of past cases that can have a bearing on your own case.
About the Author
http://www.1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience.We deal in a range of claims, including personal injury claims and compensation. Please visit http://www.1stclaims.co.uk for further information.
Asbestosis and Mesothelioma Medical Records Ignored by Nation Leaders
Years pass before these progressive lung diseases start showing their scarring presence, but an archive of medical history can facilitate proper diagnosis, and national archives of medical histories can facilitate early warnings. Despite this knowledge, India has no cancer registry, nor does it have a system for recording mesothelioma and asbestosis cases. In the Philippines, the Occupational Safety and Health Center (OSHC) reports that asbestos caused diseases will be under diagnosed due to low employer participation in submitting medical records to a central agency. (Less than 5% of employers do so.)
In Brazil, where corporations scurry to cover any implications of occupational hazards or ill will, medical records are virtually non-existent for asbestos workers. The Eternit asbestos plant in Brazil has had asbestos workers for over 50 years, yet no medical records were ever kept prior to 1978. In China, death records are purged and permanently eliminated after death, leaving no source for documenting trends in deaths or comparisons and similarities between diseases. And although China is one of the top five asbestos producers and users in the world, this nation continues to have a minimal amount of empirical studies on the implications of asbestos exposure.
Fortunately, in many nations, allowable exposure limits are being reduced, inspections are being heightened, and politicians and corporations are being pressured. Environmental groups and protection agencies continue to test asbestos material and promote its eventual ban. Unfortunately, politics and corporations still govern irresponsible asbestos promotions, and millions of innocent people are unaware of its dangers. The lack of public awareness has led to a deadly economic dependency on asbestos.
Asbestosis and mesothelioma deaths need to be recorded, death records need to be maintained, and medical histories of asbestos workers need to be compiled to gain a full realization of the statistical and economical impact of the world’s burgeoning asbestosis and mesothelioma crisis. Asbestosis and mesothelioma records are useless, however, unless they are used to promote change and develop public awareness - which is precisely what the mining and trading nations are afraid of.
About the Author
Asbestosis-Mesothelioma website provides Asbestosis, Mesothelioma and asbestos treatments news, law and many other useful information.
Mesothelioma and Asbestosis Global Health Epidemic on the Horizon
In countries like Brazil, workers suffered decades under corrupt politics, medical care was discouraged, workers were randomly dismissed from employment, and diagnostic tests were not made available to support any identification or claim for asbestosis or mesothelioma. It is only recently that unions protecting workers have surfaced, but for thousands of asbestos workers, it is too late to avoid succumbing to the harsh lung disease of asbestosis or the fatal cancer of mesothelioma.
As workers and innocent home dwellers continue to be exposed to asbestos, the death estimates due to asbestos related diseases will continue to reach into the next half century. Factories in China spew asbestos from their factories into neighboring cities. In Africa, a state of emergency has been requested in asbestos filled territories where hundred-mile stretches are filled with residents living, working and sleeping while surrounded by airborne asbestos fibers. In India, the European Asbestos Removal Association (EARA) issued a 2008 report titled “India’s Asbestos Time Bomb” which warns of India’s future burden of caring for tens of thousands of asbestosis and mesothelioma patients as a result of India’s infatuation with asbestos products. In this asbestos removal report, comparisons are made between the export levels of India and the UK. In just two decades, India’s asbestos imports surpassed the levels that the UK used in their entire industrial history. The UK is now facing record levels of occupational disease, with thousands dying from mesothelioma every year. Despite the UK’s forewarning of the future, India continues to import massive tons of asbestos products annually, and corporations with significant monetary interest encourage unsuspecting consumers to embrace the use of asbestos products.
Even with indiscriminate medical records that deflate the actual deaths due to asbestosis and mesothelioma, the World Health Organization estimates that asbestosis and mesothelioma will be responsible for 90,000 deaths around the world in a single year. As long as asbestos continues to be mined, imported and exported - the numbers will continue to rise over the next century.
Asbestosis and mesothelioma are not diseases that are easily recognized by physicians or the lay citizen. The public must be made aware of the dangers of working with, and living with, asbestos made products. Scientists and manufacturers must race to discover the economic answer to replace asbestos products with a safer alternative. But with or without change, the next decade will surface the consequences of haphazard occupational healthcare as the children of tomorrow care for the asbestos workers of today
About the Author
Asbestosis-Mesothelioma website provides Asbestosis, Mesothelioma and asbestos treatments news, law and many other useful information.














































