Further Damages For Client With Asbestos-Related Disease
A man who had previously been awarded asbestosis and pleural plaques compensation has successfully claimed a further £45,000 in an out of court settlement after developing further respiratory diseases.
Industrial illness solicitors from Irwin Mitchell were first approached by Peter in 1999 after he was diagnosed with pleural plaques, a respiratory illness that often develops as a result of exposure to asbestos.
Peter, who was employed as a joiner in the early 1950’s to late 1960’s successfully secured compensation from his previous employers for negligent exposure to asbestos but did not settle on a “full and final” basis.
Peter instead took a smaller award so that he could return for further damages if he was diagnosed with any of the following conditions:-
1. Diffuse pleural thickening causing a significant respiratory disability; and /or
2. An increase in his current minimal level of asbestosis causing a significant respiratory disability; and/or
3. Lung cancer caused by asbestos exposure; and/or
4. Mesothelioma caused by asbestos exposure.
Peter began to suffer significant respiratory problems in 2005, finding it difficult to get around his home or carry out simple domestic duties. He also struggled to enjoy hobbies such as walking and bowls. Peter’s GP advised him to seek legal advice and industrial illness solicitors at Irwin Mitchell advised him that if medical evidence could be found to support one of the return conditions he may be awarded further damages. The medical report obtained confirmed that Peter now had a 50% respiratory disability compared to a minimum level of 10% as stipulated in the order from his initial claim.
The return claim was difficult from the outset as it was felt that the defendant’s insurers did not consider Peter’s claim to be a significant one. A directions order was made by the court, which the defendant’s insurers failed to comply with. The defendants later instructed solicitors which led to the claim proceeding more swiftly towards a settlement.
Experts from both sides met and prepared joint statements, although there was a significant difference in their views. Peter had recently been diagnosed with intermittent claudication and the defendant’s expert believed that this contributed 25% to an overall disability of 50%. Our expert on the other hand, considered that even if the claudication was not present, Peter would still have an overall disability of 50%.
Negotiations were held between the parties and the claim was successfully settled seven days before trial in the sum of £45,000 on a provisional damages basis, allowing Peter to return for further damages if he develops asbestos related lung cancer or mesothelioma.
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