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Study into Average Civil Compensation in Mesothelioma Cases

Forth, J. ORCID: 0000-0001-7963-2817, Metcalf, H., Coleman, N., Meadows, P., King, M. and Tufekci, L. (2014). Study into Average Civil Compensation in Mesothelioma Cases. London, UK: Department for Work and Pensions.

Abstract

The research provides estimates of average civil compensation and legal costs for occupational mesothelioma cases. It was designed to inform the development of proposals by both the Department for Work and Pensions and the Ministry of Justice in relation to helping mesothelioma victims who cannot trace a liable employer to access compensation and to speed up the settlement process for all victims.

Using a variety of measures, average compensation awarded ranged from £137,000 to £153,531 and average legal costs ranged from £22,000 to £28,407. The estimates were based on a survey of 2,334 mesothelioma claims settled between 2007 and 2012.

Regression analysis was used to investigate how civil compensation awarded and legal costs varied with the characteristics of the claimant and features of the claim. It was found that civil compensation decreased with the claimant’s age (by around £3,500 per year) and grew over time between 2007 and 2012. Average civil compensation was higher in Scotland than in England and Wales, and also higher where court proceedings were issued and where the claimant was alive at settlement. The length of the case was not associated with the size of civil compensation.

The regression analysis found that legal costs increased by £4, on average, for every additional £100 of compensation. Legal costs were higher if the claimant was younger, the claim was made in England and Wales rather than Scotland, the claim was made after 2008, court proceedings were issued, the duration of the case was longer and the claimant was deceased on award.

Publication Type: Report
Additional Information: © Crown copyright 2014.
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management
Departments: Cass Business School > Management
URI: http://openaccess.city.ac.uk/id/eprint/20758
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