When advising clients on settling their claim, the value of the claim isn’t the only factor to take into consideration. For clients with mesothelioma, we would settle a claim on a full and final basis, meaning there is no further claim can be made in the future.
In mesothelioma cases where our client could be eligible for private treatment, such as immunotherapy, we are settling the claim on a full and final basis but securing future private treatment costs to be paid by the defendant.
For any other asbestos-related condition, such as asbestosis or pleural thickening, we would advise clients to settle on a provisional basis. With a provisional settlement, the amount of damages recovered is slightly lower than it would be in a full and final settlement but it allows someone to return and claim again if their condition were to significantly deteriorate or if they were to develop another asbestos condition.
Successful asbestosis claim in 2013
In 2013 we successfully pursued a claim for Mr B after he developed asbestosis. He was exposed to asbestos when working as a carpenter and shop fitter for English Electrical Co Limited and Carillion Construction (Contracts) Limited. He would cut up asbestos boards to use as a fireproofing material, he was further exposed to asbestos when demolishing artex ceilings.
Provisional settlement
We settled the claim on a provisional basis which allowed Mr B to return and claim again if his asbestosis deteriorated significantly or if he developed asbestos-related lung cancer or mesothelioma.
Sadly, in late 2018, Mr B returned to us as he had been diagnosed with a tumour on his lung. With a return claim, we are able to go back to the initial claim for much of the evidence but we do have to obtain an up to date medical report as this is vital to help value the claim. We instructed Dr Rudd, a respected expert in asbestos conditions, to provide a desktop report, this means he was provided with Mr B’s up to date medical records and based the report on this, without Mr B having to attend an appointment.
Settlement agreed within three months
Once the medical report had been obtained we submitted it to the defendants and were able to negotiate settlement of just over £46,000. Settlement was agreed just three months after we Mr B returned to us.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or 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.