This item was published during the term of a previous administration that ended in April 2007
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Fair deal for mesothelioma sufferers
07/07/2006
Views are being sought on plans to change the law to allow the families of mesothelioma sufferers to claim compensation for their grief and suffering after their relatives death - even when the victim has settled their own claim while still alive.
A consultation document published today sets out proposals to amend the Damages (Scotland) Act.
Under the current law sufferers of mesothelioma, an asbestos-related cancer, face the distressing dilemma of settling their damages claim while alive, or not settling their claim before death to enable relatives to claim greater awards. Most sufferers do not claim themselves so as not to disadvantage their families.
The proposed amendment would remedy this situation by allowing the immediate family to claim full damages for non-financial loss even if the deceased had settled their own claim while alive.
Deputy Justice Minister Hugh Henry said:
"Mesothelioma is a terrible disease. It is a rare form of cancer that attacks the inner lining of internal organs. It is almost always caused by exposure to asbestos. It takes almost 20 years to develop. Once it does, it kills fast.
"The current compensation arrangements are a completely unacceptable, additional worry for families at an extremely difficult and distressing time. That is why we want to take swift action to address this problem.
"The proposed changes will remove this source of anxiety and relieve sufferers and their families from the distressing choice they face at the moment.
"But first what we need now are the views of interested groups and individuals to help inform our next steps. I think we can all agree that the sufferers of this horrible cancer deserve better, and here is our opportunity to deliver."
In a statement on June 22, 2006 on the Legislative Programme the Minister for Parliamentary Business announced that the Executive would introduce a Damages Bill this session to address a problem relating to non-patrimonial loss.
The proposal is to use the Damages Bill to amend section 1(2) of the Damages (Scotland) Act 1976 so that relatives' claims for damages are not extinguished by a person settling their own award while still alive.
The consultation will close on August 18, 2006.