As it stands the insurer is arguing that employer’s liability policies should be triggered by the development of mesothelioma rather than by exposure like public liability policies. However the development of mesothelioma can take over 40 years, so if a victim’s employer no longer exists victims would be left without compensation. This has become a common outcome for sufferers.
MPs called for quicker action on pleural plaques. The government has promised to consult on whether victims of these symptomless growths on the lungs, caused by expose to asbestos, should be allowed to claim compensation.
MPs want to overturn the House of Lords’ ruling made in October that says victims of pleural plaques cannot claim compensation. The government plans to announce its decision by November in time for the Queen’s Speech.
Negative attention has also been assigned to the personal injury claims process as legal aid was withdrawn from claims systems and replaced with ‘no win, no fee’ arrangements (conditional fee agreements). This allowed lawyers to claim large success fees which led to the birth of After the Event insurance (AEI).
Market research has revealed that many of the smaller claims are not covered by AEI. Estimates suggest that while motor claims represent more than 70% of claims by volume only 15% are AEI insured. This means that individuals either enter into policies without a safety net or are reluctant to make a personal injury claim at all.
This is not the first time personal injury claims process has come under fire. In 1997, the MoJ Lord Woolf, attempted to create a new and improved personal injury claims system.
An MoJ spokesman said: “We are listening carefully to representations about this and are actively exploring options on how people who have been exposed to asbestos, and developed pleural plaques, might be helped..”
In another case a Mr Cahrles Gordon was exposed between 1964 and 1967, diagnosed in August 2003 and died after a long and painful illness just two months later at the age of 81. His family was awarded compensation by the court of £152,000. The insurers have refused to pay a penny.
Althought the proceedings bring about renewed hope for the sufferers and grieving families, it comes with a price. Families do ot want to be dragged through legthy legal proceedings when they can be moving on and coping with the loss of their loved ones.
Due to the potential gravity of the ruling it is expected that there will be an appeal whichever side is successful. It is thought that may be eventually taken to the House of Lords.
Ruth has several articles covering personal injury claims as well as other personal injury related articles.
