How Much Is An Asbestos Claim Worth?
Many individuals do not realise that they are able to make a claim as a result of asbestos exposure, let alone comprehend the value of such cases. Here at GA, our specialist asbestos solicitor and partner of the firm, James Walsh has a wealth of knowledge and experience in this field and strives to get the best compensation possible for his clients.
The potential value of an asbestos claim is often what clients want to know most. It is most important that clients and potential clients are aware that every case is individual and no one case is the same. Each case will depend on specific facts and circumstances and the value of asbestos claims can vary greatly. The most important distinction to make relates to the distinction between ‘general’ and ‘special’ damages.
General damages is the asbestos compensation a claimant can obtain for the pain and suffering as a result of the injury sustained. We value the injury that someone has suffered in accordance with the Judicial College Guidelines. This provides a range of monetary values of each asbestos related disease, but each case is unique depending on a person’s age; extent and duration of disability or pain and how it affects day to day living; previous state of health; whether they have had surgery such as inserting a pleural drain or thoracostomy, radiotherapy or chemotherapy; whether the disease will deteriorate or lead to death; and extent of loss of life expectancy.
The latest edition (16th) of the Judicial College Guidelines 2022 provides the following brackets:
a.) Mesothelioma – £63,650 to £114,460
b.) Lung cancer – £70,030 to £97,330
c.) Asbestosis and pleural thickening if disability is over 10% – £35,500 to £105,850
d.) Asbestosis and pleural thickening if disability is up to 10% – £15,100 to £35,500
Brackets c) and d) represent an award for provisional damages which triggers a right to return for further damages if the asbestos disease deteriorates in the future. If a client wishes to settle his asbestos claim without this option which is generally not advised, then the award should be increased.
We then add special damages to the asbestos claim. These relate to financial losses and expenses, both now and in the future, which have been and are expected to be suffered by the claimant. This can include things like cost of care; loss of income or pension (including dependency awards for the family); adaptations to home such walk in showers or stair lifts; equipment such as scooters; replacement services such as DIY; travel expenses; funeral expenses; and costs of medical treatment including immunotherapy.
There are also statutory bereavement awards for certain family members which are currently set at £15,120.
When considering these various damages, it is evident that once collated together, they can, in some scenarios, amount to a significant amount of money. Our asbestos claims regularly settle for more than £100,000.
Should you wish to hear more about pursuing an asbestos claim with GA, please do not hesitate to contact me directly by emailing james.walsh@GAsolicitors.com or by calling 01752 203500.
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