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October 25th, 2006
Forthcoming legislation in Scotland relating to compensation for victims of asbestos related disease has been welcomed by a Scottish lawyer. The new bill is designed to help the families of victims of asbestos as well as the victims themselves. Norman Geddes, a senior partner at a law firm, said that the new legislation would make it easier for sufferers to make a claim for their asbestos related health problems, as well as for families to claim for damages.
Norman Geddes stated: “Under the current law, sufferers of mesothelioma - an asbestos-related cancer which can develop up to 40 years after exposure to asbestos - face the dilemma of either settling their damages claim while alive, or not settling their claim before death so their relatives can claim greater awards. Most sufferers do not claim themselves, so as not to disadvantage their families.”
He added: “The Bill that has now been put before the Scottish Parliament following a consultation which ran in July and August, will remedy this situation by allowing the immediate family to claim damages for non-financial loss even if the deceased settled their own claim while alive. It will apply to cases where the sufferer's own case is concluded after the Bill comes into force as an Act - expected to be by next March.”
“Victims will now be able to pursue those responsible for compensation without fear that the rights of their families to compensation for their loss being extinguished,” Geddes concluded.
