Consultation on planned mesothelioma claim reforms

Posted 20/12/2012

The Government has announced that a consultation exercise will begin in March 2013 on yet further plans to amend the personal injury claim system, this time for those suffering  from mesothelioma.  This is the aggressive cancer almost invariably caused by exposure to asbestos dust.This would introduce an electronic portal, already under fire for its use in road traffic claims,  a revised protocol and procedure and fixed fees. The intention is to speed up payments, which is a positive move. However the implication is that the existing process cannot deliver quick justice at a reasonable cost.  Those involved strongly dispute that as current procedures ensure timely and substantial interim payments for sufferers.Fixed costs could lead to claimants being unable to afford sufficiently extensive investigations whereas defendants can spend as much as they like. Use of an electronic portal has no inherent effect on speed. It is the behaviour of the parties that makes the biggest difference to the manner in which cases are dealt.Simon Davis, a personal injury solicitor at Ashtons Legal who specialises in mesothelioma and other asbestos-related disease claims, says: “It is difficult to see any advantage to a claimant or his or her family by tinkering with a system that is by no means broken. Other than a reduction of insurers’ exposure to claims on their funds, there is nothing to champion on either side here. If these suggestions are to be pursued, it only reinforces the view that the government is working to a shopping list provided by the Association of British Insurers”.Click here for further information about how our team can assist with asbestos-related diseases.