We have recently settled a claim arising out of a client’s father’s death from asbestos-related mesothelioma. Sadly, he passed away at the age of 82 having been diagnosed with mesothelioma over twelve months earlier.
Military exposure
Our client’s father had left school and trained as a mechanic. In the 1950’s he began work at the Central Ordnance Factory in Chilwell, Nottinghamshire. He was an apprentice fitter carrying out maintenance and repairs of Army vehicles. In those days asbestos was used widely in military vehicles because of its fire-retardant qualities. It was used in the gaskets, clutches and brake pads and the Deceased came across the asbestos on a regular basis as he carried out his work. He had relayed to his family that his work had involved stripping gear boxes in the tanks and working inside both the tanks and engines. He told of how he used to cut through asbestos to fit new parts in the tank and how he used to work on the brakes which were also asbestos-lined.
Evidence gathering
We were able to gain evidence from the Deceased’s family on the basis of conversations they had had both in the past and following his diagnosis. The family were also able to provide us with several documents to bolster the evidence including employee certificates confirming his occupation and including brief nature of duties, and also a newspaper article from the time he married, again confirming his occupation and assisting with the timeline.
The HMRC only began to keep records of National Insurance contributions in 1961 and so these documents were helpful in proving the Deceased’s employment with the Ministry of Defence prior to this date.
We were only instructed after the Deceased had passed away and had to formulate the evidence without input from him. Through the collection of multiple documents, we were able to prepare and present sufficient evidence to the Defendant allowing the claim to be successful.
Liability was admitted by the representatives for the Ministry of Defence and a medical report was obtained from a respiratory consultant to confirm that the alleged exposure the Deceased had experienced had caused him to develop the asbestos-related cancer, mesothelioma. Sadly, whilst the mesothelioma was evident on radiology the Deceased had undergone following his attendance at hospital in May 2018, this was missed and he was not diagnosed until November. By this stage, the condition was too advanced and treatment was limited to that of palliative care.
Posthumous settlement
The claim for compensation was brought on behalf of the Estate. The Deceased died a widower and left no dependents, but his family were able to secure compensation for his untimely death, representing compensation for the development of mesothelioma, together with compensation for the care and assistance that they had provided to him during his ill-health. Successful claims were also made for the funeral expenses and aids and equipment purchased to help during his illness. Settlement was reached in the global sum of £95,000.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or any other asbestos disease then please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.