Malignant Mesothelioma £85,000

Widow Received £85,000 – Asbestos Compensation Claims

In this tragic case of death from asbestos related malignant mesothelioma Mr Thomas contracted this horrible disease whilst at work.

There are a number of compensation elements that were considered by the court to compensate the Widow and family which can be listed below:

i) Contributory negligence;

ii) Damages for pain, suffering and loss of amenity;

iii) Funeral expenses;

iv) The cost of probate;

v) Loss of earnings during life;

vi) Bereavement;

vii) Future loss of income dependency;

viii) Loss of intangible benefits;

ix) Services dependency.

There are two specific points we wish to raise about this claim for asbestos related compensation at work.

#BrokenHeart
#BrokenHeart

The Claim for Bereavement  Compensation

In all cases where a death occurs at work, this will be governed under the Fatal Accidents Act 1976 and the Law Reform Act (Miscellaneous Provisions) Act 1934.

A bereavement compensation award is where close family members who have lost a loved one in a fatal accident at work (that includes and “industrial disease” such as exposure to asbestos).

The current amount for a bereavement award is a poultry £12,980; to help us change the law please visit our bereavement compensation award webpage and sign our E-Petition.

Compensation for the Death – £85,000

This is another part of the law we would like to change but this will be harder than the bereavement award as it will mean a wholesale amendment to personal injury compensation awards across the board.

Having said that, there is an argument that this will not be necessary as the death of an innocent person killed at work or in a road traffic accident, for instance, is distinct from all other awards of compensation for pain and injury.

In this case Mr Thomas Mosson who suffered from malignant mesothelioma for quite a long time, some 26 months.  Now here the Judge in the case had to hear evidence from the Widow on how Mr Thomas suffered.

Mrs Mosson looked after her husband “like a child”. She said it was so difficult for her to see a man who had done so much, “descend into this thing”; he was “no longer my husband”. She also described how she applied for and paid for probate after his death because she thought she needed it to proceed with these proceedings.

Mosson v Spousal (London) Ltd

There was then an argument on how much compensation the pain and suffering was worth to his Widow.  Here is an extract of the judgement where arguments were held by Defendant Barristers and Claimant Barristers.

    1. was referred by both counsel to the Judicial College Guidelines which give the bracket for mesothelioma cases of £53,200 to £95,700. I was also taken to a number of reported decisions including:

i) Beesley v New Century Group Ltd [2008] EWHC 3033 (QB) Hamblen J;ii) Fleet v Fleet [2009] EWHC 3166 (QB) Mackay J;

iii) Najib v John Laing Plc [2011] EWHC 1016 (QB) Nicola Davies J;

iv) Zambarda v Shipbreaking (Queenborough Ltd) [2013] EWHC 2263, Kemp on Lawtel, Mr John Leighton-Williams QC sitting as deputy High Court Judge;

v) Knauer v Ministry of Justice [2014] EWHC 2553; [2014] All ER (D) 250;

vi) Ghoorah v West Essex Clinical Commission Group [Lawtel, 5 December 2014] HHJ Allan Gore QC, sitting as a deputy High Court Judge.

  1. Mr Steinberg submits that the appropriate award of general damages for pain, suffering and loss of amenity is £95,000; Mr Boyle suggests an award of up to £75,000 would be justified.

The judge after considering the pain and suffering testified by the Claimant’s widow and the legal representatives at court took the view that the compensation for the malignant mesothelioma was not worth the upper bracket of £95,000 but only £85,000.

Therefore such award for the death is worth, say:

BMW M 4 Convertible with a few extras (basic price £61,150)

BMW M5 But only with a few extras (basic price £73,970)

The death that also includes the pain and suffering before Mr Mosson died are included in the compensation award.

Having said that if you look at our webpage Fatal Accidents Act 1976 – Law Is Unjust  you can see that even here, due to the Conservative Government legal cut back and protecting insurance companies rather than victims of a fatal accident, the bereaved families will not even receive this as solicitors are forced to take a percentage of the compensation up to 25%.

Thus if 25% or a quarter of the compensation was paid to the fatal accident solicitors the amount left to the Widow would be £63,750.  This will get you a lesser BMW such as:

M3 BMW (basic price £56,995)

M4 Coupe (basic price £57,055)

M4 Convertible (basic price £61,150)

 

Totally unjust.

Sign our E-Petition to begin to change the law in fatal accident claims, click on the broken heart below.

#BrokenHeart
#BrokenHeart

 

 

Posted: April 3, 2016 at 1:38 pm


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