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We have grown if not used then at least wearily accustomed to the tragic scenario of bereaved family members receiving mesothelioma compensation for the death of a loved one. However, in 2010 in a new precedent was set in the case ofDrake and Starkey v Foster Wheeler [2010] EWHC 2004 (QB).
In the case, which was being made by surviving family members of a former power station engineer who had been exposed to asbestos during the course of his employ in the early 1950s, the family made it clear that they would have liked to have been financially able to make a sizeable donation to the hospice which provided their deceased relative with palliative care.
The judge who provided the landmark ruling on the mesothelioma compensation claim explained, "The basis of this claim is that [the deceased man] was provided with essential palliative care which it was both reasonable and necessary for him to receive given his terminal decline in health as a direct result of the malignant mesothelioma for which the defendant is wholly and directly responsible in law.
"This care involved essential home visits by a range of specialist medical and non-medical trained staff and, once his health had deteriorated, 23 days of in-patient care so as to enable his last days to be as comfortable, supported and pain-reduced as possible.
"This home care and support is similar to the care and support for which a claim is usually made on behalf of family members."
However, the ruling was not quite as radical a precedent as it first appeared.
A spokesperson for YouClaim's no win, no fee asbestos claims panel explains, "In fact, it has long been the case that compensation is paid to family members who provide palliative care to the victims of fatal industrial diseases.
"In many ways it can be said the ruling in this case simply affirms and extends this principle to other parties; nonetheless, it does not represent a radical departure."
Claim compensation for a workplace asbestos illness
Here at YouClaim our personal injury lawyers work with skill, discipline and dedication to aggressively pursue defendants in mesothelioma compensation cases.
Win or lose, we ensure our clients receive a service that is free of charge at all times, regardless of the outcome of a case.
Furthermore, we always seek to maximize our claimants' settlements and, because we never take a cut, guarantee 100% compensation in a won case.
To find out more about our industry-leading service and how we may be able to help you, echat, complete an online claim form or discuss your details with an advisor by calling us, on 0800 10 757 95.
