Our specialist asbestos disease solicitor, James Cameron and his trainee solicitor, Eve Halliday have succeeded in an urgent, living asbestosis claim for Mr V who was 87 years of age at the point his claim was settled.
The claim was of real importance to Mr V who suffers with a significant overall respiratory disability and faces lifetime risks of developing terminal asbestos-related cancer, including mesothelioma.
Heavy Exposure With Cape Company
Mr V was heavily exposed to substantial quantities of airborne asbestos dust when working for the Universal Asbestos Co Limited as a heavy moulder making asbestos sheets in their factory for around 12 months from December of 1958 onwards. This company formed part of the Cape Asbestos group of companies and is an entity we have sued successfully for asbestos disease compensation on multiple occasions. Mr V also suffered lighter exposure when working for two other, untraced Defendant parties.
Battle Over Apportionment
The pursued Defendant failed to admit liability within the protocol period and later sought to argue that they should only be liable for a low percentage of the total value of Mr V’s claim, calculating apportionment on a “time exposed” basis. Inadequate offers made by the Defendant on quantum (the value of the claim) were formally rejected, with further statements on dates of exposure and quantum being taken from Mr V to further strengthen his claim.
Despite supportive medical evidence being disclosed early with a schedule of our clients’ financial losses on the 23rd July 2024, the Defendant insurers failed to settle the claim until the 3rd December 2024, with engineering evidence on apportionment having to be obtained to support Mr V’s arguments on this important element.
Two medical reports had to be obtained on the Claimant’s side in support of the various heads of loss claimed in the schedule.
Only after counsel had to be instructed to draft the Particulars of Claim, a document needed to issue court proceedings, due to the Defendant’s lack of response on ADR, did the insurers eventually respond with their opening offer.
Research on quantum was conducted on general damages with reference to past case law and the engineering evidence was disclosed. The latter resulted in Mr V recovering a favourable percentage on apportionment of 81%, with only 19% of his exposure being found to have been caused by untraced tortfeasors.
Significant Provisional Award of Compensation Secured
The claim eventually settled for a significant sum of £95,000.00, on a provisional damages basis. This means that should Mr V’s condition significantly deteriorate, or he be diagnosed with a further asbestos condition, he could return for further compensation. It was vital to settle the matter during Mr V’S lifetime as there would be no guarantee that histology carried out at the time of a post-mortem would support a post death claim for his surviving widow. Mr and Mrs V’s financial security is now secured and he has the peace of mind of knowing that he is able to return to claim further compensation if he suffers the misfortune of developing one of the agreed return conditions.
If you need help to pursue an asbestosis claim, or believe you have a valid claim for 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.