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Mesothelioma Compensation Claims, Scotland

If you or a family member has been diagnosed with mesothelioma after being exposed to asbestos, you can usually claim compensation, even if the exposure happened decades ago or your employer no longer exists. Our specialist solicitors handle mesothelioma compensation claims across Scotland on a No Win, No Fee basis. Start with a free, no-obligation first call.

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Professionals investigating Mesothelioma Compensation Claims

How Our Mesothelioma Claims Lawyers Can Help

Our mesothelioma claims lawyers take the weight of the claim off you and your family, so you can focus on treatment and the time you spend together. You may still be coming to terms with how the diagnosis changed your plans. We work at your pace, not the other way round.

We can meet you at home, in hospital or by video call, so you never need to travel to an office. Once we have taken your account, a family member can become your main point of contact if that is easier.

You do not need to have all the answers. Even if your former employer is no longer trading, our asbestos solicitors will trace who was responsible and who insured them.

Like most specialist solicitors, we work on a No Win, No Fee basis. You pay no legal fees upfront and nothing if your claim is unsuccessful. If it succeeds, we agree our success fee with you before any work starts, so there are no hidden legal costs.

Meet the Team

At Jones Whyte, our experienced legal professionals pride themselves on responding quickly, resolving your needs and providing you with ongoing help and support.

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Charles Brown

Charles Brown

Partner

Natalie Doherty

Natalie Doherty

Senior Solicitor & Notary Public

Michael McLean

Michael McLean

Partner and Solicitor Advocate

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Our Fee Structure

Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.

No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.

When You Might Be Liable for Costs:

  • If you choose to terminate your agreement with us but later succeed with your claim through other means, such as through another firm of solicitors, you may be liable for the cost of the work we have completed on your behalf.
  • In other exceptional circumstances as detailed in our instruction agreement and terms of business, such as if you have misled us or falsely represented part of your claim.

These terms will be fully outlined in your instruction agreement and Terms of Business with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.

What Is Mesothelioma and How Is It Caused?

Mesothelioma is a cancer of the thin lining that surrounds certain organs. It most commonly affects the lining of the lungs (pleural mesothelioma), but can also develop in the lining of the abdomen (peritoneal mesothelioma) and, rarely, around the heart. The only known cause is exposure to asbestos.

Disturbing asbestos releases tiny asbestos fibres into the air. Once breathed in as asbestos dust, the fibres lodge in the body and, over many years, can cause cancer and other asbestos-related disease.

Mesothelioma usually develops 30 to 40 years or more after exposure, which is why a mesothelioma diagnosis so often comes as a shock. That long gap does not stop you making a claim.

For generations, asbestos was part of everyday working life in Scotland. It was used heavily in the Clyde shipyards, dockyards, power stations, factories and building sites, and laggers, joiners, electricians, plumbers and engineers were often exposed every day.

Asbestos was not fully banned in the UK until 1999, but its dangers were understood long before then. That is why employers can still be held responsible today.

Asbestos Removal Specialist Carefully Dismantling Hazardous Mate

Can I Make a Mesothelioma Compensation Claim?

If you have been diagnosed with mesothelioma and were exposed to asbestos because an employer or another organisation failed to protect you, you are likely to have a strong claim. Most claims arise from asbestos exposure at work, but exposure at home or in the community can also succeed.

Employers who knew, or should have known, about the risks had a duty to protect you. That meant warning you of the danger, providing ventilation and respiratory protection, and cleaning up and disposing of asbestos waste safely. Many did none of these things, and the employer responsible can be held to account.

You may be able to claim compensation if you were exposed to asbestos:

  • At work, even if you left that job decades ago.

  • At home, for example by washing a family member’s work clothes covered in asbestos dust.

  • In a building such as a school, hospital or office, where the organisation responsible failed to manage asbestos safely.

  • By living near an asbestos factory or another site that released asbestos fibres.

  • Through talc-based products contaminated with asbestos. Find out more about our talc claims service.

A company that has ceased trading is one of the most common worries we hear, and it rarely stops a claim. Your claim is made against the insurer that covered the employer at the time, not the business itself, and insurers can often be traced decades later.

Making a Mesothelioma Claim for a Loved One Who Has Died

If someone you love has died from an asbestos-related illness, your family can still claim compensation under Scots law. There are two types of claim for compensation, and they can be pursued together. We will handle both with care and at your pace.

First, your loved one’s own claim does not end when they die. Under the Damages (Scotland) Act 2011, it passes to their executor, who can continue a claim already started or begin a new one on behalf of the deceased family member.

If you are named as executor in a Will, you can apply for confirmation to act. If there is no Will, a close relative can apply to the sheriff court to be appointed, and our executry team can guide you through it.

Second, close relatives have their own right to compensation for loss of financial support, and for the distress, grief and loss of companionship caused by the death, known in Scots law as loss of society. This includes:

  • Spouses, civil partners and cohabiting partners.

  • Parents and children.

  • Brothers and sisters.

  • Grandparents and grandchildren.

It also includes relatives accepted into the family as one of these, such as a stepchild treated as a child of the family.

How Much Compensation Can I Claim for Mesothelioma?

Mesothelioma compensation has two parts: an award for the pain, suffering and loss of quality of life the illness causes, and an award for the financial losses and costs it brings. Because mesothelioma is so serious, these are often among the highest-value personal injury claims.

Compensation for Pain and Suffering (Solatium)

Scottish courts often start from the Judicial College Guidelines, which suggest between £84,090 and £151,220 for pain and suffering, known in Scotland as solatium. Courts are not bound by these figures, and awards can differ, particularly where a civil jury decides the case.

Where your claim falls depends on:

  • How long your symptoms last and how severe your pain and breathlessness are.

  • The treatment you need, including surgery, chemotherapy and radiotherapy.

  • Whether your mesothelioma is pleural or peritoneal.

  • Your age, health and level of activity before diagnosis.

  • The effect on your life expectancy, and your worry for your family’s future.

Compensation for Lost Income, Care and Other Costs

Financial compensation can also cover the money you have lost and the costs you face, including:

  • Lost earnings and pension.

  • Medical treatment, including private or newer treatments not routinely available on the NHS.

  • Care costs, including nursing, hospice and palliative care.

  • Travel to and from appointments.

  • Adaptations to your home and specialist equipment.

  • Funeral expenses.

What These Figures Mean for Your Claim

The figures above are a guide only. No two mesothelioma claims are the same, so we will not promise a figure before we understand your circumstances. We will make sure every part of your loss is accounted for.

How Long Do You Have to Make a Mesothelioma Claim in Scotland?

You normally have three years to make a claim for mesothelioma in Scotland. Under the Prescription and Limitation (Scotland) Act 1973, that period runs from when you became aware of your illness and its link to asbestos, usually the date of diagnosis, not the date you were exposed.

After a death, the family normally has three years from the date of death, or from when they learned that asbestos caused it.

The court can allow a late claim in some cases, so speak to us even if you think it is too late.

The government payment schemes below have separate time limits, some of them shorter. Taking advice early protects every option open to you.

Government Payments and Benefits Covering Mesothelioma

What Happens When You Make a Mesothelioma Claim

A free, no-obligation first call. Tell us what has happened in your own words. There is no paperwork and no commitment.

Investigating your exposure. We take a detailed statement about your working life and where you came into contact with asbestos. We then trace former employers and their insurers, including searching the Employers’ Liability Tracing Office’s extensive database, and track down potential witnesses such as former colleagues.

Gathering medical evidence. We obtain your medical records and any specialist reports, arranging appointments around your treatment.

Contacting the organisation responsible. We send your claim to the employer or their insurer and ask them to accept liability. In Scots law, you are the pursuer and they are the defender.

Interim payments and settlement. If liability is accepted, we ask for an interim payment so treatment and care costs are covered while we work out the full value of your claim. Most mesothelioma claims then settle through negotiation.

Court proceedings, if needed. If the employer or insurer will not agree fair terms, we raise court proceedings, usually in the Court of Session or the Sheriff Personal Injury Court in Edinburgh. If you are too unwell to attend, your evidence can be taken at home or in hospital.

Frequently Asked Questions

Speak to One of Our Lawyers Today

Whether you have just been diagnosed or are looking into a claim for a loved one, we are here to help. Call us on 0141 674 4358, email info@joneswhyte.co.uk or complete our online form to arrange a free, no-obligation call.

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