Asbestos Victims Are Dying Before They Can Receive Their Compensation

People living in Australia, suffering from mesothelioma, a disease caused by asbestos poisoning are passing away before their claims for compensation are being heard. One Sydney Judge believes this is due to a cost saving measure which was implemented in 2005.The judge has spoken out and urged the New South Wales government to make rapid changes to the way the cases are handled in order to prevent further anguish to those victims who are already sick. If changes are not made to the rules more people will either become too sick to be able to give full evidence or they will die.

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.

Mesothelioma Lawyers Helping You Claim Compensation

Asbestos related cancers are killers. For over 5 decades people worked with and were exposed to asbestos on an everyday occurrence unaware of the harmful fibres within asbestos products they were being exposed too. Nowadays, asbestos products are more regulated, however it has been reported that there is a growing trend in Mesothelioma cases as the cancer can lie dormant for over 25 years in some cases before surfacing.If you or someone close to you has contacted Mesothelioma and wish to make a compensation Mesothelioma claim then it is always best in these circumstances to talk to a proper Mesothelioma lawyer or personal injury lawyer who will help you in your right to make a claim for compensation.

Asbestos exposure was most at risk in certain industries throughout the 50’s, 60’s and even into the late 70’s. Although workers could have carried the asbestos fibres into the family home on their clothes and hair. Here is a list of occupations that have been highlighted by organisations as being the most at risk from contacting Mesothelioma.

  • Carpenters and Joiners
  • Boiler, Pipe and Heating Workers
  • Shipbuilding/Shipyard Workers
  • Navy Seamen
  • Dockworkers
  • Laggers and Sprayers
  • Mechanics
  • Plumbers and Gasfitters
  • Roofers
  • Construction and Demolition Workers
  • Painters and Decorators
  • Electricians
  • Railway Workers and Coach Construction
  • Engineers
  • Power Station Workers
  • Laboratory and Research
  • Asbestos Manufacture and Sales

Remember, trusted Injury Lawyers run all claims under a ‘No Win No Fee‘ claims policy and offer their clients 100% compensation. There are no hidden fees or charges. A good injury lawyer will always, charge the losing firm for their fees, and not the client whom they are supposed to be representing.

About the Author

If you would like more information about Mesothelioma claims then you should contact professional injury lawyers about getting expert legal help for your compensation claim.

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.”

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.”

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.”

“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

Wirral Compensation Claims

Injury Claims

Aegis Law
3 The Row,
Market Street,
Hoylake,
CH47 2BF

Tel: 0845 270 2093

Email: Gina@aegis-online.co.uk

The Mesothelioma Compensation Claims Time Bomb

If you work with or around asbestos and aren’t properly protected, there is a chance that prolonged exposure will leave you vulnerable to developing mesothelioma. Mesothelioma is a form of cancer that is caused by exposure to asbestos. With mesothelioma, malignant cells grow in the mesothelium, which is the protective lining that covers many of the body’s most important internal organs. The most common place for this cancer to develop in on the lining of the lungs or on the chest wall, although it can develop elsewhere within the body. Because mesothelioma can be prevented by safety equipment and because it is a work-related illness, compensation claims are a big issue.The first claim against an asbestos manufacturer was in 1929, although as part of the lawsuit it was agreed to not pursue any further cases. It wasn’t until the 1960’s that asbestos was officially recognised as the cause of mesothelioma. An article was written in which more than 30 cases of people working with asbestos and suffering from the disease were recorded. Today, many claims are made by employees against employers who have failed to implement strict safety measures, rendering the employer negligent. In the US claims resulting from asbestos lawsuits have now reached into billions of dollars. In the UK claims are less common but the number of lawsuits citing asbestos as the primary cause of mesothelioma is growing steadily.

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.

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