Victims of asbestos exposure could receive more than double their previous compensation settlement.
The case involves William Wales who suffers from Pleural Plaques. It is an asbestos related lung condition he received when he was exposed to Asbestos while working as an electrician aboard ships between 1963 and 1973.
The Court of Sessions has awarded Mr Wales £8,500 in compensation. This is more than twice the amount usually awarded to victims with Asbestos related health conditions. This came after his lawyers decided to challenge the standard framework use for claiming compensation in 2015.
The Court of Session has decreed that the rightful amount of compensation awarded should be based upon the impact an asbestos related condition has one the individual’s health rather than in a pre-agreed framework. This includes how their condition can cause the individual additional anxiety and distress as well as the usual health implications from the condition.
What has happened before is that victims have usually followed Union-based legal advice and followed the established legal route when claiming compensation.
This means they are limited by the amount of compensation they can claim for by following a standard framework agreement used by legal firms and insurance companies.
This case has set a landmark precedent for compensation claims in Scotland and is the first of its kind to be heard since 2009. This precedent can now help people throughout the country access the fair compensation they deserve after being exposed to asbestos through their work.