After a 22 day hearing at Court of Session, Lord Emslie ruled to reject the insurance companies bid to actually invalidate the law which gives victims the right to claim for the compensation they are entitled to!
The act allows sufferers of pleural plaques (which is not classed as a disease and has no symptoms, but does signify an increased risk of developing mesothelioma from the asbestos exposure) to claim for compensation, with insurers stating that it benefits a small number of people who have suffered no harm and is therefore a “disproportionate and excessive burden on insurers running into hundreds of millions, if not billions, of pounds”.
The ruling concluded that there is certainly room for differences of opinion, but the insurer’s complaints headed by Axa General Insurance Ltd came nowhere near to the standard of “irrationality” required to overturn a Scottish Parliamentary Act. It is reported that the Association of British Insurers are seriously considering an appeal, stating this is “not the end of the road.”
The decision to maintain the legislation has of course been welcomed by many, including Justice Secretary Kenny MacAskill whom sated the “legislation is right in principle and right in law and has been unequivocally upheld.” He went on to say “I firmly believe that people with pleural plaques should be able to raise a claim for damages and I am pleased that this decision has gone in their favour.”
There have been several successful past cases of victims of asbestos exposure winning their claims for the compensation they are legally and fairly entitled to. I authored an article back in October last year about the woman who tragically passed away just one day after she was awarded £240,000 in compensation for her asbestos related suffering. The case was one taken to the high court.
Asbestos related illnesses can be difficult to claim for, and it is not uncommon for insurance companies to fight as hard as they can in attempts to restrict payouts. That being said, the legislation is in place; with the right legal representation you can claim for the compensation you are entitled to.
So if you are suffering from an asbestos related illness (such as mesothelioma or pleural plaques) speak to an independent expert personal injury solicitor to get the best advice and the best representation for your case. Only an expert with years of personal injury experience can really bring your case to the best conclusions; who you choose to represent you can be crucial to how much money you receive and when you receive it!