Introduction
Are you or someone you know suffering from mesothelioma due to asbestos exposure? If so, you have the right to pursue a case and claim compensation. However, what about the rights of the relatives of the victim who passed away due to mesothelioma? The Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 was introduced to provide justice for the families of victims.
The mesothelioma disease is caused by exposure to asbestos, which was commonly used in construction and other industries until the 1980s. It is a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart.
This article will provide a detailed explanation of the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007. We will cover everything you need to know about this act, including its purpose, eligibility criteria, and how to claim compensation.
Let’s dive in and explore the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 in detail.
What is the Purpose of the Act?
The Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 was introduced to provide justice for the families of victims who passed away due to mesothelioma. The act allows the relatives of the deceased to claim compensation for their loss and suffering caused by mesothelioma.
The act’s purpose is to ensure that the families of victims are not left empty-handed and can claim compensation for the loss of their loved ones.
Who is Eligible to Claim Compensation?
The following individuals are eligible to claim compensation under the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007:
- The spouse, civil partner, or cohabitant of the victim
- The children of the victim
- The parents of the victim
- The siblings of the victim
It’s important to note that the act only applies to cases where the victim was diagnosed with mesothelioma on or after 17 June 2007, and the victim passed away due to the disease.
How to Claim Compensation?
If you are eligible to claim compensation under the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007, you must follow these steps:
- Make a claim to the asbestos liabilities insurer within three years of the death of the victim.
- If the insurer denies or disputes the claim, you can pursue a case in court.
- If the insurer accepts your claim, you’ll receive compensation for your loss and suffering.
What Does the Compensation Cover?
The compensation covers the following:
- A fixed sum of £7,500 for the spouse, civil partner, or cohabitant of the victim.
- A fixed sum of £5,000 for each dependant child of the victim under the age of 18.
- A fixed sum of £5,000 for each dependant child of the victim aged 18 or over.
- A fixed sum of £3,000 for each parent or sibling of the victim who was financially dependent on them.
What if the Victim Didn’t Have an Asbestos Liabilities Insurer?
If the victim didn’t have an asbestos liabilities insurer, you may be able to claim compensation from the Mesothelioma and Asbestos-Related Conditions (Scotland) Act 2009. The act provides compensation to victims and their families in cases where the responsible party cannot be identified or has gone out of business.
What if the Victim Had Multiple Relatives?
If the victim had multiple relatives who are eligible to claim compensation, the compensation will be shared equally among them.
What if the Victim Had a Will?
The compensation will be paid to the executor or administrator of the victim’s estate, who will distribute it according to the victim’s will or the law of intestacy.
What if the Victim Wasn’t a Scottish Resident?
The act applies to cases where the victim was diagnosed with mesothelioma in Scotland, regardless of their residency.
What is the Time Limit to Claim Compensation?
You must make a claim within three years of the victim’s death. However, the court may allow you to make a claim after the three-year limit if it’s in the interest of justice.
What if the Insurer Denies or Disputes the Claim?
If the insurer denies or disputes your claim, you can pursue a case in court. You must provide evidence that the victim was diagnosed with mesothelioma and that it caused their death. You must also show that the victim was exposed to asbestos during their employment or occupation.
What Evidence Do I Need to Provide?
You must provide the following evidence to support your claim:
- The death certificate of the victim
- The victim’s employment or occupational history
- The medical evidence of mesothelioma diagnosis
How Long Does the Claim Process Take?
The claim process can take several months to complete, depending on the complexity of the case. It’s important to seek legal advice from a mesothelioma specialist to help you navigate the process.
Can I Claim Compensation for My Loss and Suffering?
No, you cannot claim compensation for your loss and suffering under the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007. However, you may be able to claim compensation for your loss and suffering from the responsible party if they were negligent in their duty of care.
What if I Need Legal Advice?
If you need legal advice on how to claim compensation under the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007, you can contact a mesothelioma specialist. They will help you navigate the claim process and ensure you receive the compensation you deserve.
Conclusion
The Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 provides justice for the families of victims who passed away due to mesothelioma. If you are eligible to claim compensation, you must follow the proper steps and provide the necessary evidence to support your claim.
If you need legal advice, contact a mesothelioma specialist who will guide you through the process and ensure you receive the compensation you deserve.
Closing Disclaimer
The information provided in this article is for general guidance only and should not be considered legal advice. It’s important to seek legal advice from a mesothelioma specialist who can provide you with tailored advice based on your circumstances.
The author and publisher of this article do not accept any responsibility for any loss or damage caused by the use of this article or its content.
| Act Name | Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 |
|---|---|
| Enacted By | The Scottish Parliament |
| Purpose | To provide justice for the families of victims who passed away due to mesothelioma |
| Eligibility Criteria | The spouse, civil partner, or cohabitant of the victim, the children of the victim, the parents of the victim, and the siblings of the victim |
| Claim Process | Make a claim to the asbestos liabilities insurer within three years of the death of the victim. Pursue a case in court if the claim is denied or disputed. Receive compensation if the claim is accepted. |
| Compensation | A fixed sum of £7,500 for the spouse, civil partner, or cohabitant of the victim. A fixed sum of £5,000 for each dependant child of the victim under the age of 18. A fixed sum of £5,000 for each dependant child of the victim aged 18 or over. A fixed sum of £3,000 for each parent or sibling of the victim who was financially dependent on them. |
FAQs
What is mesothelioma?
Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos.
What is asbestos?
Asbestos is a naturally occurring mineral that was commonly used in construction and other industries until the 1980s. It is a known carcinogen and can cause mesothelioma and other health problems.
When was the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 introduced?
The act was introduced on 17 June 2007.
What is an asbestos liabilities insurer?
An asbestos liabilities insurer is an insurance company that provides coverage for claims related to asbestos exposure.
Can I claim compensation under the act if the victim was diagnosed with mesothelioma before 17 June 2007?
No, the act only applies to cases where the victim was diagnosed with mesothelioma on or after 17 June 2007.
What if the victim passed away due to a cause other than mesothelioma?
The act only applies to cases where the victim passed away due to mesothelioma.
What if the victim had no eligible relatives?
If the victim had no eligible relatives, no compensation will be paid.
What if the victim had multiple dependant children under the age of 18?
Each child will receive a fixed sum of £5,000 under the act.
What if the victim had no will?
The compensation will be paid according to the law of intestacy.
What if the responsible party is out of business?
You may be able to claim compensation from the Mesothelioma and Asbestos-Related Conditions (Scotland) Act 2009.
What if the victim was diagnosed with mesothelioma outside of Scotland?
The act only applies to cases where the victim was diagnosed with mesothelioma in Scotland.
What if I miss the three-year time limit to claim compensation?
You may be able to make a claim after the three-year limit if it’s in the interest of justice.
Can I claim compensation for my loss and suffering under the act?
No, you cannot claim compensation for your loss and suffering under the act.
What if the insurer disputes my claim?
You can pursue a case in court and provide evidence to support your claim.
