Long battle ends in success

A 5 year fight is over following a decision by the UK’s highest Court which now means that employers’ insurers will be obliged to pay compensation claims of those suffering from or the families of those who have died from mesothelioma, a disease that can lay undetected for many years. It means that many thousands of people will at long last be entitled to compensation following the landmark ruling that the liability of insurers arises at the date of exposure to asbestos and not when symptoms of mesothelioma are detected which may be decades later.

Yesterday the Supreme Court delivered a long awaited landmark Judgment in what has been termed the mesothelioma “trigger litigation” which has seen a long running Court battle at an end, the Supreme Court having now ruled that the relevant date for the purposes of entitlement to compensation is the date of exposure and not the date when symptoms may develop or manifest themselves which can be many years later.

This particular issue related to the stance taken by a number of insurers that they were not obliged to pay out on such claims and that the key date for claiming arose at the date that the disease developed. This ruling has ended that argument in confirming that the relevant date is the date of employment during which the exposure occurred.

This will be of some comfort to those who have contracted mesothelioma, an insidious cancer, as well as their loved ones who will be able to pursue claims against the insurers as a result of their exposure to asbestos resulting in them contracting the disease.

For those who are suffering such condition and those who have lost their personal battle but whose families continue to pursue for their just entitlements, this decision brings to an end a whole host of test cases which have challenged the entitlement of those exposed to asbestos being able to recover compensation.

These cases are particularly difficult and raise a variety of complex legal issues. Expertise as well as compassion and the ability to empathise are key elements in ensuring that those who are entitled to compensation secure that compensation.

Rogers & Norton's Personal Injury Department has dealt with a number of significant asbestos cases and to achieve a successful outcome requires stubborn determination and frequently detailed forensic investigation in respect of a client’s employment history. This calls for professionalism, determination and compassion in equal measure.

If you would like to talk to one of our lawyers about whether you may have a possible claim for compensation relating to exposure to asbestos then please contact us on 01603 666001 for a free initial consultation.