New Court Timetable For Mesothelioma

The courts have recently appreciated the need to progress mesothelioma cases quickly and over the last few years ran pilot schemes in certain local courts. This has proven to be successful and since 1st April 2008, all Courts in England and Wales now deal with mesothelioma claims by one set of rules.

All the Courts now deal with all live mesothelioma cases by immediately listing them for a show cause hearing. This means the mesothelioma defendant must show why judgment should not be entered against it. In urgent mesothelioma cases, a date for this hearing can be fixed even if the mesothelioma claim has not been served or a defence filed. It is also part of the new rules for an interim payment of damages to be made at this stage which can provide mesothelioma sufferers with finance and support during their illness. This would normally be a sum of Ł47,000 which equates to the bottom of the bracket of damages for pain and suffering.

Where a mesothelioma sufferer has very limited life expectancy, a separate report from the consultant will greatly assist the solicitor. Each Court will also have a nominated judge to deal with those issues.

In mesothelioma cases the determination of damages at the trial, will generally not be more than 16 weeks following service of the mesothelioma claim. It is important to keep in touch with dates to avoid if there is a dispute on the medical evidence, and again it is important to pursue a claim as soon as a person has been diagnosed with mesothelioma.

Receiving an interim award will help and support the mesothelioma patient during the illness and the knowledge of this admission of liability is frequently a great comfort at this difficult time. The mesothelioma patient often may not enjoy the balance of the compensation awarded but know that their dependants or loved ones will have few financial issues in the future.