Fentons' charity initiative

Fentons Solicitors are delighted to nominate The Spinal Injuries Association, Headway, and Brake a ...

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Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos, or by home renovation using asbestos cement products. Unlike lung cancer, there is no association between mesothelioma and smoking.

Symptoms of mesothelioma may not appear until 20 to 50 years after exposure to asbestos. Shortness of breath, cough, and pain in the chest due to an accumulation of fluid in the pleural space are often symptoms of pleural mesothelioma.

Mesothelioma is a form of cancer which affects the thin membranes which line the chest (pleural mesothelioma). Sometimes, but not as frequently, it can affect the linings of the abdomen (peritoneal mesothelioma).

There is usually a period of time between first exposure to asbestos and the development of the mesothelioma is between 15-30 years. Early diagnosis of the disease is difficult and is usually made after scans or biopsies have taken place. These tests in themselves may have taken several weeks to complete.

Following diagnosis, support and specialist help is available and it is recommended that you seek legal advice as soon as possible. Fentons have solicitors who specialist in dealing with mesothelioma claims and can advise on what help is available and where from.

Making a Claim

We would recommend that you seek legal advice from us as soon as you have a diagnosis or suspect you will have this diagnosed. It is important for a solicitor to obtain as much information as quickly as possible from the person who has been exposed to asbestos even when you may not be sure when in the past you have come into contact with asbestos. There are special rules in claiming for mesothelioma and we can take you through this process.  We appreciate that it can be difficult to deal with a legal claim when the diagnosis has just been made but at Fentons we appreciate this and will come and visit personally to ensure your position is best looked after.

If you have a relative who has died recently from mesothelioma it is not too late for legal action to be taken and we would still advise you to get in touch.  There would usually be an inquest shortly afterwards and we can help with this process.

As well as a legal claim against those responsible for exposing you to asbestos there are benefits available which you need to be aware of:

Industrial Disablement Benefit may be paid by the Benefits Agency (DWP) where you are diagnosed from an asbestos related cancer when in paid employment. The application process for this is speeded up where a diagnosis of mesothelioma has been given.

In addition, you may also be entitled to a lump sum under the Pneumoconiosis (Workers Compensation) Act 1979 Scheme. Payment under this can run to several thousand pounds and advice should be sought on whether it can be claimed. The Courts have recognised that claims for mesothelioma need to be treated as quickly as possible. This means that there is a special expedited process for these claims where a Defendant or their insurance company can be found. Compensation can be awarded for the pain, suffering and loss of amenity caused by the mesothelioma and also further compensation can be paid for specific financial losses both past and future which will arise as a result of the illness.

By way of example this could include:-

• medical expenses
• loss of earnings both past and future
• loss of pension
• equipment and aids necessary
• assistance from either family members or paid carers