Asbestos lung cancer claim victory – beware the full and final settlement

An asbestos lung cancer claim large win for a retired lagger acts as a lesson for other affected by asbestos exposure.

Asbestos lung cancer claim- The Facts

Our client, Mr A, was diagnosed with mild asbestos related pleural thickening in 2002. At that time we investigated the case. He had been exposed to asbestos as a lagger and in other roles from the 1960’s to the 1980’s. The claim was made against six defendants.

The claim went all the way to court in 2006. Mr A got a modest sum in compensation and also secured a provisional damages order to protect his rights for compensation in the future.

We kept Mr A under regular review and his condition was stable. He hoped to see out the rest of his days without further problems. He saw many other work mates suffer and attended on many funerals.

Asbestos lung cancer – Developments

Unfortunately in autumn 2015 Mr A was suffering with chest problems. After investigations made at two hospitals it became clear that he had lung cancer. He had smoked form the age of 14 and had reduced it down in recent years

Mr A underwent various treatment including going to Christies hospital. It became clear that the cancer, even with the best of treatment would affect his life expectancy.

Mr A contacted Corries. We got his file out of our secure store and picked up the reins of this case.

Unfortunately some of the six defendants for whom he had worked had either dissolved or had changed. Some further investigations were needed. However, because the 2006 provisional settlement had confirmed the different companies this meant asbestos exposure would not be disputed. This made the claim less difficult as the issue of proving the asbestos had caused the condition and the amount were in dispute.

Corries asbestos team painstakingly traced the changed defendants and got the insurers to co ordinate. During this time we arranged strong supporting medical evidence. We took lengthy statements about losses. This meant we were then able to sit and discuss the case at a without prejudice meeting with the defendants representatives.

After a long meeting we were able to agree a significant claim for damages. The claim settled for a significant sum. Mr A is delighted.

Asbestos lung cancer claim –  comment

Howard Bonnett, Director and Manager of Corries Asbestos Team commented:-

” it is always sad when someone with asbestos disease gets cancer. Even those with mild asbestos disease live out their days with the danger of cancer hanging over them. They are never free of that risk. Once you have breathed in asbestos then the clock is always ticking for you to get cancer.

“Mr A’s case is a stark warning to those who have been exposed to asbestos. Mr A was diagnosed with pleural thickening whilst in his sixties. He sensibly took our advice for a provisional damages settlement. At the time the defendants wanted him to take a full and final settlement to buy off their risk.

Having followed our advice we were there to act should the worse happen. Unfortunately it has. However, revisiting of the six defendant claim which could have taken many years was made much easier by having a provisional damages settlement. This swept away large areas of argument. It meant we could concentrate on fighting for maximum compensation.

Mr A’s settlement will not unfortunately lengthen his life. It will however give him great peace of mind. He knows that he can put his own affairs in order whilst he is with us. Great comfort comes with knowing that he is looking after his loving wife and family.

I would implore anyone who was been exposed to asbestos who thinks that they may have a claim to come forward. As a firm we keep our pleural plaque register of people with asbestos disease. This helps to protect them so that we can make a claim much more quickly at a later stage. These that can make a claim need to carefully weigh up how to settle. Corries keep a full and safe store of all our provisional damages cases. Those clients are checked on every three years. Our clients know should they need to come back then we are ready – and we have much of the work done already so we can act quickly, compassionately and strongly”

Corrie – here to help

Have you or a family member has been affected by asbestos disease in the last three years? If so, contact us NOW for as free no obligation discussion on 0800 083 7839. If we can help you then we will fight for you. If we cannot then we will tell you in simple language.