Extended rights coming for mesothelioma victims
28 Sep 06
New bill will allow victims to claim in full before they die, and families for their suffering
Legislation to allow mesothelioma sufferers to claim full compensation and their families to claim for their own grief and suffering has been published today.
Under the current law sufferers of mesothelioma, an asbestos-related cancer which can develop up to 40 years after exposure to asbestos, face the dilemma of either settling their damages claim while alive, or not settling their claim before death so their relatives can claim greater awards. Most sufferers do not claim themselves so as not to disadvantage their families.
The bill introduced today, which follows a consultation which ran in July and August, will remedy this situation by allowing the immediate family to claim damages for non-financial loss even if the deceased settled their own claim while alive. It will apply to cases where the sufferer's own case is concluded after the bill comes into force as an Act - stated to be seven days after royal assent.
Unusually, the bill provides a specific exception to the general law in cases of mesothelioma. In the policy memorandum published with the bill, this is said to be justified beause of the unique nature of mesothelioma, which is almost invariably caused by exposure to asbestos, has no known cure, and which is invariably terminal with death occurring within 12-14 months. There are now more than 1,900 cases a year in Great Britain.
Deputy Justice Minister Hugh Henry said: "This legislation will free sufferers from the distressing choice between receiving compensation and allowing their relatives to benefit from greater awards. When illness takes hold, families should be supported - not worried by legal choices."
The Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill is available to view at http://www.scottish.parliament.uk/business/bills/billsInProgress/index.htm .