Settlement is not always on a full and final basis and, in certain circumstances, claims can be settled on a provisional basis allowing a person to claim further compensation in the future should their asbestos-related condition deteriorate.
A good example of this can be demonstrated by an asbestos claim we recently settled for a client who had developed asbestos-related pleural thickening.
Exposure to asbestos in construction
Our client had been exposed to asbestos while working for John Laing and Son Limited between approximately 1968 and 1975. He worked on construction sites around the Glasgow area and part of his duties included fitting fire doors. The doors contained asbestos and the client was exposed to asbestos dust whilst cutting and drilling into the doors to cut them to size and fit them into place.
He also worked on the construction of a large chemical factory, the Roche Chemical Plant in Dalry, Glasgow. The plant was under construction and consisted of huge amounts of pipework which were lagged with asbestos. He recalled working alongside the laggers who were mixing asbestos lagging to apply to the pipes.
Following a detailed description of the Claimant’s exposure to asbestos being provided to the insurers for John Laing and Sons Limited, liability was admitted. Expert medical evidence was then obtained from a respiratory physician who concluded that the Claimant had asbestos-related pleural disease in the form of of diffuse pleural thickening. It was estimated that his overall respiratory disability was increased by 15% due to asbestos-related pleural disease. The medical expert was of the opinion that the diffuse pleural thickening would probably gradually lead to some increased symptoms of breathlessness but that the progression was likely to be slow. In addition to the risks of the pleural thickening, the medical expert also thought that there was a small risk of the Claimant developing mesothelioma or asbestos-related lung cancer.
Provisional settlement
The conclusion of this asbestos claim meant that our client had an immediate claim for compensation based on his current diagnosis and a settlement was agreed with the Defendant Insurers on the basis that a lump sum payment would be made now for that particular diagnosis but that the door would be left open to him to claim further compensation, should the diffuse pleural thickening deteriorate or should he develop asbestos-related mesothelioma or lung cancer.
Such a settlement is effectively an insurance policy for the Claimant, in that if the worst were to happen, he can be further compensated in the future. Such a claim would be a relatively straightforward process. The claim is effectively already won and the further asbestos disease compensation claim would be limited to obtaining updated medical evidence to show that one of the so called “return conditions” had materialised.
If you require assistance in pursuing an asbestos compensation claim for pleural thickening or 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.