The Judicial Studies Board recently released updated guidelines for the assessment of compensation for pain and suffering in asbestos-related disease cases. The two most severe illnesses caused by asbestos are mesothelioma and lung cancer, both of which are usually fatal.
The factors taken into consideration for both illnesses include:
- Duration of symptoms;
- Extent and effects of invasive investigations and treatments;
- Whether the disease is peritoneal (i.e. affects the lining of the abdominal cavity) or pleural (i.e. lining of the lung);
- Extent of the tumour and the level of symptoms (e.g. pain and breathlessness);
- How it affects domestic circumstances.
Mesothelioma claims will now attract awards between ?50,000 and ?90,000 ? meaning the lower limit has increased significantly from ?35,000 ? and lung cancer claimants will now receive between ?50,000 and ?69,500.
Asbestosis and pleural thickening awards are based on the level of respiratory disability, impairment and reduction in quality of life. Asbestosis awards will now be in the region of ?34,300 to ?75,600 and it has been stated that respiratory disability of 10-20% will attract an award of approximately ?50,000. The awards for pleural thickening start at ?10,750 and can reach ?56,000, with the higher awards reserved for those cases where respiratory disability is in excess of 10% and the lower ones for cases where respiratory disability is between 3-10%.
Overall, there have been increases across the board for asbestos-related illnesses, with the most significant change being for mesothelioma cases, which have the most significant impact on sufferers and their families.
If you have been affected by an asbestos-related disease, Lyons Davidson?s Asbestos Claims team are happy to give free initial advice to help you to understand what might be involved in making a claim for compensation.? Please call 0800 694 0113 for an informal chat.
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