No defendant no claim? With no one to sue – what do you do? Corries secure court order to help power station worker with asbestosis

Corries have won a claim for a man who had few traced defendant to meet his claim. Our team worked to get an order with no compensation but protected his future.

Read how our renowned UK asbestos claims team had to use their experience to secure a claim for a man whose former employers had mostly disappeared. Even settling a claim for no compensation can be a victory.

Corries are leading UK asbestos solicitors. Call us FREE on 0800 083 7839 to see if we can help you.

Mr C and the missing defendants

This case would make a good name for an Agatha Christie book. Our client Mr C came to us having had a diagnosis of asbestosis.

His doctors thought he had a good claim and recommended that he go and see solicitors. Mr C answered our advert he had seen in the national media. We got to work. Firstly we checked his diagnosis with his medical records.

Secondly we noted that he worked for big companies like Babcock & Wilcox in the 1960’s. Following this he then went to work for various other less well known companies.

We pressed on with his claim and gathered evidence and got a medical report.

All was looking good.

No Defendants and Asbestos claims – what do you do if the employers have gone?

In general a common issue raised by asbestos victims is – who do we go after? Typically many of the companies victims have worked for are no longer here. Most noteworthy the companies they worked for have mostly folded or been took over or cannot be traced. Insurance searches to find employers liability cover to meet the claim can be uncertain.

As a rule for diseases other than mesothelioma a traced company will only be made to pay its share. Thus, if a case was worth £20,000 and only one company with half of the exposure is found then the victim gets £10,000.

Mr C’s case was worse than that. Chasing better money and conditions he worked for many companies in the 1960’s and 1970’s. Knowing he had worked for the Babcock empire led us to press on with his case. However, using the approach above we worked out the numbers and he could only recover 10% of his claim.

In spite of this we chose to press on. Importantly our firm has great experience of working on even the trickiest of cases as per this link https://www.corries.co.uk/asbestosis-victim-corries-get-provisional-damages-award/

Asbestos claims and the government and benefits

A common issue is our work with victims to secure benefits for asbestos disease. Industrial Injuries Disablement Benefit can pay over £40 per week and can come in useful. A lump sum under the Pneumoconiosis Workers Compensation Act for a few thousand pounds can also be very welcome.

However if we make a claim the lump sum is clawed back by the Government using the Compensation Recovery Unit. They must be repaid before the asbestos victim gets the remaining monies.

In this case Mr C had got a payment of £5,784.

No defendants and Asbestos claims – our team experience saves the day

In our case we got medical evidence and we valued the case at about £35,000. With only being able to recover 10% of the claim Mr C would have got £3,500. However the government wants the £5784 back first.

Our medical evidence showed that Mr C at 82 years of age had another seven years or more ahead of him. Crucially he has risks of his condition getting worse put at 10% and of getting asbestos related cancer such as lung cancer or mesothelioma at 2%. There is no expiry date with asbestos and that risk exists until his dying day.

Consequently we put the case to the only standing defendants and sought a PROVISIONAL DAMAGES ORDER.

This means that if Mr C gets worse or if he gets a malignant condition he can make a claim and does not need to start from scratch again.

No defendants and Asbestos claims – using our experience

Corries Director Howard Bonnett who has secured this order for our client commented

“All too often as solicitors we tend to brag about the big claim wins or the victories against the odds.

In Mr C’s case we simply came up against what is a flawed and difficult system. This means many victims do not get what they deserve. His former employers have mostly long gone and scattered to the winds and with it they have taken Mr C’s rightful compensation.

Nonetheless we have got him his Provisional Damages order. Frankly both we and him hope he never has to call on us to reactivate it. At Corries we will make sure Mr C is kept an eye on if he gets worse. He has told us that he is grateful for this and will keep us posted.”

Asbestos claims – don’t talk yourself out of a claim

Been diagnosed with asbestos disease and think your old employers have disappeared? Do you doubt you can make a claim? Call our friendly team for a FREE no obligation chat. Do not shut the door on a possible claim or the chance to secure your family future. Call us FREE on 0800 083 7839.