Government will reverse mesothelioma ruling

The Lord Chancellor, Lord Falconer has announced changes to compensation laws which will mean victims of asbestos-related cancer will receive full compensation.

The announcement follows the House of Lords ruling in Barker v Corus in May this year that prevented thousands of mesothelioma victims from receiving a full payout . The decision reduced the amount of compensation to which they were entitled when employers and their insurers were unavailable to be sued, as well as making the whole process of claiming compensation longer and more costly.

In response The Lord Chancellor, Lord Falconer and John Hutton, the Work and Pensions Secretary, will amend the Compensation Bill - currently going through Parliament - to reverse the ruling. The amendment will mean that negligent employers will be jointly and severally liable and that claimants will be able to recover full compensation from any one employer.



Peter Williams, a partner in the Asbestos Claims Department at Field Fisher Waterhouse LLP, said:

"I am delighted the government has promptly indicated their intention to restore the rights of those suffering from mesothelioma to claim full compensation from any one employer.

"Whilst we do need to look at the detail and timing of the legislation we hope to be able to tell our clients and their families we can deal with their cases speedily and that they no longer face the prospect of losing large amounts of compensation through no fault of their own."

About 1,900 people die in the UK each year from mesothelioma, a cancer of the lining of the lungs or abdomen, which is almost always caused by exposure to asbestos.

Field Fisher Waterhouse LLP is one of the country?s leading asbestos disease claims firms. Over twenty-five years Rodney Nelson-Jones and his team have recovered nearly ?100M in over 1,750 successful cases.

For more details or comment please contact:

Asbestos Claims Department of Field Fisher Waterhouse LLP.

Peter Williams (020 7861 4825)

Andrew Morgan (020 7861 4036)



info@ffw.com

Field Fisher Waterhouse LLP

35 Vine Street

London

EC3N 2AA

United Kingdom

Tel 020 7861 4000

Fax 020 7488 0084



About Field Fisher Waterhouse LLP

FFW is a full service law firm based in the City of London. With 91 partners, over 180 other lawyers and over 250 support staff, we assist a wide range of domestic and international clients, with advice across a full range of commercial legal issues. Field Fisher Waterhouse LLP also houses one of the country's leading personal injury practices.

All About Mesothelioma

Mesothelioma is a cancerous tumor of the pleura or peritoneum. Mesothelioma is caused by asbestos. Asbestos is Usually used as a fire resistant and heat resistant insulating material. You can get three types of asbestos white which Is very common, blue and brown which is the most dangerous. Asbestos is now controlled by stringent regulations. Mesothelioma causes pain and breathlessness. If you have the tumor of the pleura, this is the membrane surrounding The lungs, other symptoms which may occur are chest pain, cough and difficulty breathing more so if the pleura effusion Develops the outer and inner layers of the pleura can become thickened. Excess fluid will fill the gap between them when This happens it means that the lungs can not expand, making you have shortness of breath.

If you have the tumor in the peritioneum it can cause a obstruction of the intestines or a enlarged abdomen. .Mesothelioma can Be diagnosed by a chest x ray and also a biopsy. This is where a small amount of cells or tissue are taken from the body To be looked at under the microscope. If Mesothelioma is diagnosed and the cancerous tumor is small enough, surgery Can be fairly successful if not and the tumor is large there is not any successful treatment, although sometimes radiotherapy May be offered to help ease the symptoms. Mesothelioma of the peritoneum cannot be operated on and there is no other form of treatment and will usually lead to death with in one or two years.

Mesothelioma can develop even after dealing with asbestos for just a short time. The usual gap between a person working with asbestos and being diagnosed can be up to twenty or thirty years. Mesothelioma is contracted by people who work With blue and brown asbestos. For more information please visit my CANCER SITE

for everything you need to know about cancer visit http://www.understand-cancer.com

Mesothelioma - Suing For Compensation

Most asbestos lawsuits have been filed by people who have worked in environments where they have been exposed to asbestos, and who subsequently developed an asbestos-related illness such as asbestosis or mesothelioma. The purpose of asbestos lawsuits is to recover financial damages from the employer responsible for maintaining the safety of the workplace, or from some other company that was negligent in manufacturing or in recommending a hazardous material.

Financial damages usually include the cost of medical bills, other costs associated with the disease, lost wages, and sometimes compensation for loss in quality of living or potential for future earnings. Mesothelioma cases usually recieve the highest settlement amounts -- typically being settled out of court for about $3 million each.

**The History of Mesothelioma Lawsuits**

The first asbestos products lawsuit took place in Texas in 1966 when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were sued on behalf of Claude Tomplait, an asbestos worker. Tomplait lost this case, but it was quickly followed up by another one in 1969 which was won and upheld in appeals in 1973.

In the late 1970s the legal battles took on a different tone. It was found that asbestos companies were involved in a conspiracy to suppress knowledge about the harmful effects of asbestos. By 1982 punitive damages were being awarded to sufferers of asbestos-related diseases, and many of the major companies responded by seeking Chapter 11 bankruptcy protection.

This complicated the legal situation considerably. Things also changed in the 1980s because successive waves of new workers were coming forward with asbestos-related diseases. These included workers in construction companies, asbestos distributors, and companies involved with asbestos-related products such as brake linings and insulation.

Eventually, many of the major bankrupt asbestos companies set up settlement trusts to handle problem cases separate from the litigation process. Most lawyers will simultaneously proceed with litigation against the companies while negotiating with the settlement trusts. Normally, when a settlement is reached with the trust it will be for much less money, and payments are often spread over many years.

**How do lawyers proceed with mesothelioma cases?**

Most lawyers in this field will do an examination of each claim on an individual basis. Since they often take on such cases on a "contingency" basis, they will usually not take on a case unless they have a reasonable chance of winning. This means that a history of contact with asbestos is usually not sufficient to proceed. A person should have tangible evidence of the presence of mesothelioma before a serious case can be undertaken.

The lawyer will look at all relevant information including medical records, family history, work history, exposure to asbestos. They normally have to be satisfied of two things before beginning -- there must be a diagnosis of mesothelioma, and there must be defendants who can be held responsible. Once they have these two things they are usually prepared to take on the case.

**How are the lawyers paid?**

Most lawyers work on a contingency basis. This means they do not get paid until the case is settled in their client's favor. A standard rate is 30% of the gross settlement. When selecting a lawyer, be careful of how the funds are dispersed. Some will take their 30% and then pay the legal fees out of the client's portion. This means they will actually be getting more than 30% -- sometimes closer to 40 or 50%. Look for a firm that pays the fees out of the gross settlement amount. And be sure that there are no circumstances in which you will be billed for costs if your lawyer loses the case.

**Workers' Compensation or 3rd Party Litigation**

Normally when a claim is made against an employer, the case is handled by Workers' Compensation. In most jurisdictions this is a "no fault" insurance system. All employers must have this kind of insurance. So when a claim is made against the system, there is no need to establish that the employer was at fault. All the system has to do is establish that the employee has been injured or disabled because of his or her employment.

A workers' compensation claim can usually be finalized within 6 to 12 months.

When filing a civil lawsuit against a 3rd party such as a product manufacturer, the process is considerably more complicated. In this case, the lawyers representing a mesothelioma victim will usually name several defendants -- sometimes as many as 30 or 40 mining companies, manufacturers, distributors, brokers, insulation contractors, general contractors, etc.-- to attempt to spread the damages over as many parties as possible and increase the chances of receiving a sizable settlement.

Experienced lawyers will attempt to settle with defendants before actually going to court. If the case does get to court and a verdict is reached it is almost certain to be appealed. In such cases it can take years to reach a final resolution.

**If you have been exposed to asbestos...**

If you have been exposed to asbestos, the best advice is to have a thorough medical examination to determine if you have any signs of mesothelioma. If you do, then it is best to consult with a lawyer about your situation as soon as possible.Visit Mesothelioma Advice for more mesothelioma articles. Rick Hendershot is a writer and online publisher. See Linknet Promotions.

Seeking Mesothelioma Help

 If you, or someone you know has been diagnosed with, or thinks that they might have Mesothelioma Cancer, it is often daunting and can be difficult to know where to seek help. However, you are not alone, there are organizations and doctors who can help.

With the current research and new knowledge about Mesothelioma Cancer, seeking help has become easier, as there are now established support organizations and more knowledgeable doctors who can help you, your friend, or your family.

In most Mesothelioma Cancer cases, the disease has developed as a result of exposure to an Asbestos related substance. In most cases people who develop Mesothelioma Cancer worked directly with an asbestos related substance, or were exposed to an Asbestos related substance, over a long period of time, in their place of work.

Early intervention provides sufferers of Mesothelioma Cancer their best chance of survival, following appropriate treatment. This is why it is important that if you, or someone you know, are experiencing the effects of Mesothelioma Cancer, you should seek help.

Some of the types of symptoms that you should be looking for include, coughing, breathlessness, chest pain, abdominal pain and fatigue and immune deficiency related illnesses, such as colds.

If you think you have any of these symptoms, you should make an appointment youre your local GP and seek a referral to a Mesothelioma Cancer Specialist. If you are then diagnosed with Mesothelioma Cancer you might then consider contacting a Mesothelioma Attorney, or Lawyer.

Some of the support organizations that you might consider contacting include, the American Cancer Society, who can provide information about other support networks in your area.

If you, or someone you know, has been diagnosed with Mesothelioma Cancer, there is no need to suffer in silence, as there are many positive steps you can take towards securing your future, there is always help to be found.

Currently, there are new treatments for Mesothelioma being discovered and implemented and through greater knowledge and early intervention; these new treatments are proving to be effective.

Of course, being diagnosed with Mesothelioma Cancer can be a difficult time for both you and your family, however, there are many Cancer support agencies that also offer support to the families of Cancer victims.

Research has shown that early intervention and treatment of Mesothelioma Cancer has helped many patients live up to 7 years beyond their expected survival rate, without seeking help and undergoing treatment.

So, we encourage you to take the time to seek help if you have been exposed to, or diagnosed with Mesothelioma Cancer. It will be a positive step towards saving your own life, or that of another.
Learn more about mesothelioma treatment and asbestos litigation go here: http://www.mesothelioma-treatment-center.com/mesothelioma-help.htm