Study into average civil compensation in mesothelioma cases.
By John Forth, Hilary Metcalf, Nick Coleman, Pam Meadows, Max King and Leila Tufekci, National Institute of Economic Research (NIESR).
This quantitative research estimates the average civil compensation awarded to mesothelioma victims and average legal costs of mesothelioma cases. The study also uses regression techniques to investigate the factors which influence these estimates:
- year (2007 to 2012)
- legal jurisdiction (England and Wales, Scotland)
- whether litigation was involved
- whether the victim was alive at the date of award
- length of the case
Estimates are based on a survey of 2,334 mesothelioma claims settled between 2007 and 2012.
The research was commissioned by the Department for Work and Pensions (DWP) and Ministry of Justice (MoJ) in November 2012. The purpose of the commission was to inform the analysis of the Mesothelioma Bill (DWP) and the possible pre-action protocols for mesothelioma sufferers (MoJ). More specifically, the estimates of average compensation are used to calculate the amount of compensation DWP’s mesothelioma payment scheme will pay out to eligible claimants. The estimates of average legal fees will be used by the MoJ as part of the consideration of a pre-action protocol (PAP) for mesothelioma sufferers.
DWP published an interim statistical note by NIESR on the average civil compensation of mesothelioma sufferers on 7 May 2013. This note summarises the key findings on average levels of compensation and describes how these estimates are derived.