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Mesothelioma is a form of cancer that occurs when someone is constantly exposed too, and breathes in, asbestos. Commonly it occurs in the lining of the lungs and the mesothelium, which is a membrane covering many of the major internal organs. As mesothelioma results from working closely with asbestos, it is obviously most common in specific jobs and work places. As these work places are usually to be found in particular regions of the country, these cases are often very location-specific and can form what are referred to as "Cancer clusters". This means that certain areas of the country are seeing more cases of mesothelioma. Derbyshire is one of these areas, as can clearly be seen in articles released in the press.
Derbyshire is known for its history of heavy engineering and as a consequence of this, its use of asbestos. Although asbestos was only used on a major scale up until the 1970’s, cases of asbestos poisoning are still appearing on a regular basis and the number of claims is rising. The main reason for this is that asbestos scaring to the lungs can take up to 40 years to become apparent. Unfortunately by the time that symptoms present themselves, the disease is already in an advanced stage. Over the past 30 years there have been over 300 asbestos-related mesothelioma deaths in Derbyshire. It is believed that the number of fatalities attributed to mesothelioma will rise dramatically in the next 5 to 10 years.
To compound the issue, there has recently been a change in regulations meaning that companies no longer have to keep liability insurance records for longer than 40 years. As the disease doesn’t manifest itself until after 40 years, this is disastrous news and a tragedy waiting to happen. It means that many people may die of mesothelioma without receiving the compensation that they deserve. MPs are being urged by campaigners to sign a petition to reverse these changes in regulations.
Philip Moult of Littleover died from mesothelioma in 1999. Unfortunately he didn’t receive any compensation himself or for his family. Mr Moult’s solicitors were unable to track down the insurers of the company that employed Mr Moult. This was solely because of the change in regulatory law governing the retaining of liability insurance records. It is being argued that a central database with compulsory details of insurers should be kept, so claims can be backed up. Not only would this database contain data going back over 40 years but would also contain information related to employers that have stopped trading. Although there is a voluntary code in force from The Association of British Insurers stating that insurance details should be kept for 60 years, it is believed that many companies do not follow it. A database would make it easier to access records covering longer periods.
It you have mesothelioma then you are fully within your rights to make a claim. It is vital that you contact a specialist solicitor who will be aware of the intricacies of such a case. A specialist lawyer will understand the law surrounding such claims and any past case that may have a bearing on your claim. As it is such a specialist area, and as cases of mesothelioma are location-specific (such as in the case of Derbyshire) it may be worth approaching an organisation such as the Derbyshire Asbestos Support Team.
1stclaims is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience personal.For further information, please visit http://www.1stclaims.co.uk |
