Corries asbestos lung cancer victory in case turned down by union

An asbestos lung cancer case turned down by union solicitors has been won by Corries asbestos team. They have secured a six figure asbestos lung cancer settlement for the widow of a retired railway worker who died due to asbestos lung cancer.

Corries are Specialist asbestos disease solicitors.  No one works harder to get you the compensation that you deserve. Our “no win no fee” lawyers will fight hard for you and your family.

The Case Facts

The claim centred on Mr W. He was a former railway carriage works worker.  He was born in 1931 and worked for British Rail at the carriage works from 1967 to 1988.  In particular he repaired carriages which were lined with asbestos and was covered in the deadly dust for years.

He became poorly in 2015 and investigations led to a diagnosis of lung cancer. Sadly his condition got worse and he died in December 2015. He never looked into a claim whilst he was alive.

After his death his widow took up the case with his union solicitors.  They looked into the case but were not satisfied that they could prove it. They did not think they could prove enough exposure to asbestos nor that they should arrange examination of his lung tissue taken at post-mortem to try and prove the claim.  The claim was rejected. Mrs W stood to receive no compensation.

What happened next?

Mrs W knew of a former union representative who lived nearby. She approached him.  He had worked with Corries before in helping former railway workers. He recommended us.

In March 2017 we revisited the case.  First of all  we looked at what the previous solicitors did. We got together local witnesses who were able to provide lengthy evidence about the working conditions. Our lawyers took a long hard look at the case and decided that it was worth investing in. In addition we had the lung tissue samples investigated, even though this involved significant cost.

Our instinct was right and so the doctor produced a report which backed up the claim. It confirmed that there was a high dose of asbestos in the lung tissue which this must have been due to his exposure at work in the railway.

Because we had this good grounding we could then gather further medical evidence. Thereafter we then looked to value the case and put it to the defendants.

What was the outcome?

The case was put to the defendants claims handlers. Within three weeks of it being presented settlement was agreed.

At first the handlers tried to reduce the claim due to the fact that a 20% deduction is usually applied to lung cancer cases where the victim had been a smoker.  As Mr W had not smoked since 1970 we rejected that argument. We went back and were able to secure compensation very close to the 100% value of the claim that we put forward.

Corries comment

Our Director and Manager of the asbestos team, Howard Bonnett commented

“I am absolutely delighted to have won this claim for my client.  I felt from the outset that she needed us in her corner.

Asbestos related lung cancer cases are often fought very fiercely.  Lawyers have to be very sure of their ground before going further so I cannot criticize the previous solicitors.  However, with my network of contacts, and having made a well-informed judgement, I thought that this case was one that should win.

I am so pleased to be proven right. Most of all my client can now live her life knowing that this settlement will make things easier for her and for her close family.”

Corries are specialist in fighting asbestos disease cases.  We fight every case as hard as we can.  If you or a family member have been affected by asbestos disease in the last three years then call us FREE on 0800 083 7839 for a free initial chat. If you case has been turned down we offer a free second opinion.