A landmark ruling in a mesothelioma case means that elderly mesothelioma victims could be entitled to increased compensation.
The Judicial Studies Board (JSB) guidelines currently recommends a figure of £35,000 for pain and suffering in mesothelioma cases where the life expectancy and duration of pain and suffering is relatively short.
However, in a recent case in the High Court, Mrs Justice Swift awarded a 92 year old mesothelioma victim who had been exposed to asbestos during his employment for the National Coal Board, £50,000 for pain and suffering.
In the written judgment, Swift stated that “A person of any age who is informed that his or her life will be cut short by the effect of a harmful substance to which he or she has been wrongfully exposed is likely to suffer a good deal of distress.”
She also said “Even if a deceased’s death has in the event been relatively peaceful, he or she will have been fearful since being told of the diagnosis of mesothelioma that a painful and distressing end lies in store.”
The ruling will pave the way for other elderly mesothelioma sufferers to receive the higher level of compensation, regardless of their age or the length of suffering.