Following the initial settlement of his claim in 2020, our client Mr E sadly suffered a deterioration of his breathing difficulties. As he had settled his initial claim on a provisional damages basis, this gave him the opportunity to return to us for further asbestos disease compensation in such circumstances.
Mr E got back in touch with his solicitor who opened a new file and proceeded to secure him a further high sum of compensation to assist him throughout the course of his period of suffering.
Settling the Initial Claim against Beeston Boilers Limited
Mr E had been diagnosed with a benign asbestos-related pleural effusion with diffuse pleural thickening following exposure to asbestos whilst working for Beeston Boilers Limited (later known as Colombo Limited). He was working in a factory environment where there was asbestos lagging being ripped from the pipes and the air was thick with asbestos dust.
We obtained a medical report to support Mr E’s claim which showed that he was 45% disabled, 25% of this being due to his asbestos-related diffuse pleural thickening. The Defendant offered to settle Mr E’s claim on a full and final basis, however his solicitor advised him it would be wise to return with an offer on a provisional damages basis. Mr E took his solicitor’s advice and settled his claim on a provisional damages basis which allowed him to return for further compensation should he develop either mesothelioma (an asbestos-related cancer) or a serious deterioration in his asbestos-related respiratory disability due to his pleural disease of at least 15%, taking his total respiratory disability to 60% or more.
Return Claim
Sadly, Mr E contacted his solicitor again in 2021 as he had been suffering with worsening breathing difficulties. We obtained further medical evidence which showed that Mr E’s respiratory condition had indeed deteriorated. He was now 75% disabled, 45% of this being due to his asbestos-related diffuse pleural thickening. We therefore returned to the Defendant to request further compensation for this significant increase in Mr E’s respiratory disability.
As part of the return claim, we also obtained evidence from a care expert to claim for the additional care needs Mr E required as a result of his increased disability. This included past and future care provided both by professional carers and gratuitous care provided by his family.
The return claim was settled at a Joint Settlement Meeting, again on a provisional basis, and our client received a further considerable compensation payment of more than three times the amount recovered in his original, successful pleural thickening claim. He also retained the right to return to claim again should he develop mesothelioma. Whilst we, of course, hope that Mr E does not suffer any further deterioration in his health, he has the peace of mind of knowing that he will be entitled to return to claim further considerable asbestos disease compensation, if he were to suffer such misfortune.
How We Can Help
If you require assistance in pursuing a pleural thickening 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.