By Warren Miller. 14th March 2012
The courts have recently appreciated the need to progress all mesothelioma legal actions quickly and over the last few years ran pilot schemes in certain local courts. This has proven to be successful and since 1st April 2008, all Courts in England and Wales now deal with mesothelioma legal action by one set of rules.
All the Courts now deal with all live mesothelioma cases by immediately listing them for a show cause hearing. This means the defendant must show why judgment should not be entered against it. In urgent mesothelioma cases, a date for this hearing can be fixed even if the claim has not been served or a defence filed. It is also part of the new rules for an interim payment of damages to be made at this stage which can provide mesothelioma sufferers with finance and support during their illness. This would normally be a sum of £47,000 which equates to the bottom of the bracket of damages for pain and suffering.
Where a mesothelioma sufferer has very limited life expectancy, a separate report from the consultant will greatly assist the solicitor. Each Court will also have a nominated judge to deal with those issues.
In most mesothelioma legal actions, the determination of damages at the trial, will generally not be more than 16 weeks following service of the original claim. It is important to keep in touch with dates to avoid if there is a dispute on the medical evidence, and again it is important to pursue a claim as soon as a person has been diagnosed.
Receiving an interim award will help and support the mesothelioma patient during the illness and the knowledge of this admission of liability is frequently a great comfort at this difficult time.
The mesothelioma patient often may not enjoy the balance of the compensation awarded but know that their dependants or loved ones will have few financial issues in the future.
If you, or a family member has been diagnosed with mesothelioma and would like some advice, call us on the number below:
Warren Miller MSc. BSc (Hons)
Claims manager and website author
Warren has been assisting victims of Mesothelioma and asbestos cancer for more than 18 years. He is also the senior technical author of this website, responsible for sourcing legal and medical material beneficial to those who may been recently diagnosed with an asbestos disease.. Read more >