We were instructed in a claim involving historical exposure to asbestos. Our client, Mr P, had spent a significant period working in environments in the UK, where asbestos was present, later emigrated and was residing in Australia at the time he made the claim. As the exposure took place within our jurisdiction, the claim had to be pursued here, despite the client having lived in Australia for many years.
Asbestos-Related Pleural Effusion
As a result of the asbestos exposure, our client developed asbestosis together with a pleural effusion, a serious condition affecting the lining of the lungs. This diagnosis was confirmed by medical experts and formed the basis of his claim for damages.
Sadly, our client died before his claim could be concluded and we were instructed by his wife to continue pursuing it.
Legal Proceedings and Settlement
Liability for the exposure was admitted by the Defendant, the Ministry of Defence. They accepted that they had negligently exposed Mr P to significant amounts of asbestos during his employment as a labourer at HM Dockyard Portsmouth between 1967/68 and 1974/75. Mr P had come across large quantities of both loose and preformed asbestos on board the naval ships being built in the dockyard.
Supportive medical evidence from a Respiratory Consultant was sought, and an out-of-court settlement agreed with the Defendant without needing to issue court proceedings. The total settlement was £157,935.75, made up of compensation for the asbestos disease itself, for the gratuitous care and assistance provided by the deceased’s family and for aids and equipment purchased as a result of the asbestos-related illness, including a mobility scooter and car.
We were able to conduct everything on the phone and via email with the client and their family. The fact that they were in Australia did not affect our ability to deal with the claim smoothly.
Not only did we succeed in obtaining compensation for our client, but we also successfully applied for UK state benefits in the form of Industrial Injuries Disablement Benefit. This was something our client did not think he was entitled to because he was living abroad.
Can We Help You?
If you were exposed to asbestos in the UK, have since developed an asbestos-related disease, and now live abroad, you may still be able to make a claim. Please do not hesitate to get in touch—we are likely able to assist you in some way.
This case demonstrates our commitment to securing justice for victims of industrial disease, regardless of their location or circumstances. If you think you may have a claim or would like some advice, you can call us on 0800 038 6767, email us at contact@asbestosjustice.co.uk or complete the form on our Contact Us page and we’ll be in touch as soon as we can.