Personal injury news

Mesothelioma compensation judgement overturned

On Monday an amendment to overturn the House of Lords decision to divide liability in mesothelioma cases was passed in the House of Commons.

Those with asbestos-related diseases that wish to make personal injury claims can now receive full compensation from any responsible party, such as an employer. It is then down to that employer to seek a contribution to damages from any other negligent parties.

Previously, those suffering from mesothelioma, the fatal asbestos-related cancer, were required to seek compensation from each employer that exposed them to asbestos dust.

This meant that any employers that had ceased to trade or could not be found would escape without paying any compensation and their portion of the liabilities would not be shared between the other negligent parties but would instead remain unpaid.

Legal affairs minister Bridget Prentice commented: "This is an exceptional step - but I believe that it is justified in the exceptional circumstances that apply here."

This asbestos ruling should bring relief to mesothelioma sufferers and their families. Some previous cases will also be reviewed so that others can benefit from the amendment.


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