Asbestos Justice has recently received the most heart warming review from a client following receipt of compensation in her successful asbestos claim.

Deneice Arthurton sadly lost her father, Richard Arthurton to incurable asbestos related mesothelioma on 24th November 2014.

Deneice’s experience of the service we provide to asbestos disease sufferers and their families is summarised in her Trust Pilot review, published below:-

Care and understanding during the hardest time of my life

I don’t typically subscribe to the compensation mentality so was highly sceptical before embarking on the whole process with James of Oliver & Co (Asbestos Justice).

From personal experience and pre-judgements I had previously had a dim view of compensation lawyers……….but how wrong can you be!!

There are no words which will ever convey the gratitude I feel to James for the compassionate, caring, highly professional and patient way in which he dealt with me and my Dad’s case EVERY SINGLE STEP OF THE WAY. Nursing Dad with my Mum until his death was the most painful and challenging experience of my life.

James brought comfort and kindness at a time when it was so very important. There were all kind of above-and-beyond-the call-of-duty touches such as the ultimately human and caring ‘thinking of you’ message on the day of Dad’s funeral.

James always responded instantly to all emails and phone calls – it seemed he was always there for us. What is more James never made me feel like I was rushed or his time was short – every conversation took as long as it took even if he had to listen to me pouring out emotion.

He patiently explained (sometimes many times) things which either Mum or I didn’t understand. That is not what I expected. Ultimately James secured a compensation payment for my Mum in a surprisingly short period of time.

He dealt with everything – always making me feel we were in safe and capable hands – and made the entire process as easy as possible. I catalogue of superlatives would not begin to describe my opinion of James and it is hard to give him the praise he deserves without a degree of gush.

If only every lawyer operated in this way…….

The Story

The mesothelioma claim was not without its difficulties as at the time of instruction, Mr. Arthurton was extremely ill. However, between Deneice and our expert asbestos disease legal team, we were able to obtain detailed information from her father covering the nature of his asbestos exposure in the workplace.

This was then detailed in a witness statement from Deneice herself.

Mr. Arthurton carried out general carpentry work for a number of employers throughout the course of his working life and did come into contact with airborne asbestos dust on a regular basis.

The successful mesothelioma claim was against Norwich City Council (formerly known as Norwich Corporation) and Mr. Arthurton’s work history showed that he had worked for this entity for around 4 months during the 1966 tax year.


Asbestos Exposure at Work

Before his decline and eventual tragic death, Mr. Arthurton discussed his time working for the Norwich Local Authority in detail with his daughter and explained that he worked on a full time basis as a carpenter for them and his usual hours of work were from 7:30am until 4:30pm, Monday to Friday.

In particular, Mr. Arthurton could remember working on one lengthy contract on a block of flats in Milecross, Norwich during the course of his time with the Council which resulted in him coming into contact with asbestos materials on an almost daily basis.

He estimated that he worked on this contract solidly for around 6 months and he clearly remembered being paid by the Local Authority directly on the books. Such detail was invaluable when attempting to argue that compensation should be paid in the mesothelioma claim.

Mr. Arthurton described the flats he was working on which were being built from scratch and his job entailed working on first and second fix tasks.This involved fitting insulation to the inside of the structure of the building as well as partitions which segregated the common parts and individual flats from one another.

He explained to his daughter that there were 4 flats on the ground floor and another 4 on the first floor.He clearly remembered the name of the insulation boards he worked with on this contract.The boards were known to him and his colleagues as “asbestolux” boards.

He and his colleagues were under the impression at the time that the asbestolux boards did not contain asbestos. He described the boards he used as being a composite material made up of different things.

We were able to advise by using our expert knowledge as specialist asbestos disease lawyers that we were aware that it is commonly accepted by engineering experts that these boards did contain varying degrees of asbestos content.

At first, Mr. Arthurton could not be sure of the precise dates of his work with the council. This is a common occurrence when gathering evidence on any asbestos claim as sufferers are usually recalling events which occurred many decades ago.

He was able to say that the main part of his role involved cutting the asbestolux boards to size to be fitted to the interior walls of the flats to insulate the whole building.He believed they were also used for fire proofing purposes. He told his daughter that the boards were always of a greyish colouration and came in various sizes.

Mr. Arthurton made his daughter aware that the asbestolux boards were quite soft and fairly easy to cut through. He would always use a handsaw to cut through the boards.As he cut through the material, he said that much dust would be released into the atmosphere, some of which will have been asbestos dust.

He explained that the cutting work created clouds of dust which floated around in the general atmosphere, some of which will have been asbestos which had formed part of the asbestolux material. He inhaled the deadly dust throughout the course of the working day.

After cutting the boards to size he made his daughter aware that he would have cause to nail the boards into place within the internal wall spaces.As he nailed through the asbestolux, further asbestos dust would rise up into the atmosphere which he breathed in throughout the day.

Mr. Arthurton also explained to his daughter that he would nail the boards into place where instructed to form partition type wall structures in between each flat unit. They would also separate the flats from the communal areas. When he nailed the partitions into place, further asbestos dust would rise up into the atmosphere which he once again inhaled.

At the end of the working day he explained that both he and his colleagues were responsible for leaving their work areas tidy and clean and they would use brushes to brush up the dust that had been left behind. The dust included wood dust and some asbestos dust from the asbestolux boards they worked with and as he brushed up the dust, further asbestos dust would be created.

Mr. Arthurton described all forms of dust including the asbestos dust covering his work clothes, hair and skin.He would leave work in a very dusty state at the end of each working day and some of this dust contained asbestos dust.

Throughout the course of what he originally estimated to have been a 6 month period of work but was later found to total a period of 4 months, he told his daughter that he was never provided with any warnings of the dangers of being exposed to harmful amounts of asbestos dust, nor was he ever provided with any form of mask or breathing equipment.


Medical Evidence

Medical evidence was obtained from a well respected Consultant Respiratory Physician which showed that Mr. Arthurton’s exposure with the council materially contributed to the risk of him developing mesothelioma. This is what is known as the “causation test” in mesothelioma claims which was satisfied in Deneice’s case.

The medical evidence also showed that Mr. Arthurton suffered terribly as a result of his diagnosed asbestos disease for a period of approximately 4 months until he tragically passed away from the condition on the 24th November 2014.


The Final Chapter

The mesothelioma claim was run to a successful conclusion over a period of 7 months.

No amount of money could correct what had happened to Mr. Arthurton and his surviving family but at Asbestos Justice we feel that it is crucial to hold offending employers to account when such tragic events arise. We worked tirelessly to ensure that the recovered mesothelioma compensation was paid to Mr. Arthurton’s estate swiftly, ensuring financial security for his surviving widow’s future.

We would like to thank Deneice for her kind words and invaluable assistance in gathering the supportive evidence to support her late father’s asbestos claim. Accountability could not have been assured without working closely with her to secure justice for her late father and family.

If you or a family member are concerned about asbestos exposure and mesothelioma, please contact us at Asbestos Justice on 0800 038 6767 for expert legal advice.

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