Personal Injury Solicitors

Regarded by lawyers handling personal injury claims as a deal done behind closed doors, the government and insurers have reached an agreement about how certain claims brought under the terms of the Mesothelioma Bill will be covered. The bill is now awaiting Royal Assent, having passed all necessary stages in parliament last week.

The Labour government first launched a consultation on the issue in February 2010 in an effort to determine the most comprehensive framework to provide all injured workers with protection when working conditions, such as exposure to asbestos for example, were found to have caused cancers, such as mesothelioma. However the legislation to be put in place has been described as falling far short of what had been expected by victims and their families.

Instead, the Mesothelioma Bill covers neither all diseases caused by a specific industrial process, nor all diseases related to exposure to asbestos. A diagnosis of mesothelioma will not be an automatic qualification, as only patients diagnosed after the July 25th 2012 ministerial statement will be considered eligible. While personal injury solicitors agree that the bill means some measures will be in place at last, ensuring that sufferers from this specific asbestos-related cancer will be able to receive payments when it has not been possible to trace an insurer or employer, they are disappointed that the details of the scheme mean that insurers are favoured as opposed to personal injury victims and their families.

How it will work

The Mesothelioma Act is due to come into force in July 2014. Under the new legislation, damages for contracting mesothelioma are set to be limited to approximately three-quarters of the average amount of damages that could benefit claimants who go to court, although social security benefits would be recouped at 100 per cent. Other asbestos-related diseases are not covered, however, and this is why so many legal experts have criticised the new legislation, which takes no account of the provision of additional funding for research into the disease or increasing the speed with which medical reports are supplied. Some MPs tabled an amendment to increase the proportion of compensation payable from 75 to 80 per cent, however this was narrowly defeated in the House of Commons.

Personal injury claims

Personal injury solicitors are specialists, highly trained to help clients understand both the process of making a claim and the results they can expect. The team at Duncan Lewis provides access to the highest qualified medical specialists and doctors and also offers a professional and friendly service that puts the interests of personal injury victims and their families first.

They are committed to providing claimants with the best standard of care and are willing and happy to arrange meetings in a client’s home or at one of the company offices. Personal injury claims can be funded via a “no win no fee” agreement and specialist lawyers are happy to offer a free consultation to discuss individual cases and to answer questions at any time.