Team work vital to asbestos lung cancer claim win

Victoria Symonds has hailed the benefit of great team work which secured a significant asbestos lung cancer claim win for a retired carpenter.

Corries Solicitors asbestos claims team are one of the most experienced asbestos claim solicitors in the UK. No one tries harder than us to secure you the justice you deserve. Call our friendly team now FREE on 0800 783 7839.

Asbestos lung cancer – background

Our client Mr T approached Corries in 2021 when he had been diagnosed with and following an operation for lung cancer.

In discussions with his doctors (like many lung cancer victims) the issue of his asbestos exposure had not been considered. He saw our national media advert seeking lung cancer victims. He called us and we set off investigating this for him.

Mr T had worked as a carpenter from the late 1950’s through to the late 1980’s in various commercial places. He worked with three main companies.

Corries are one of the UK’s foremost and experienced companies dealing with asbestos lung cancer claims. An example of another asbestos lung cancer claim is here https://www.corries.co.uk/asbestos-lung-cancer-claim-win-make-sure-you-dont-slip-through-the-net/

Asbestos Lung Cancer – Everything in issue

As compensation lawyers we can sometimes be accused of being a bit melodramatic when we set out stories of claim wins. Terms like “fighting for compensation” “hard fought win” and the like can be thought to be overplaying what we have to do.

At Corries we fight for every client. Mr T’s case was a true example of having to argue long and hard to get what he deserved.

Every aspect of this case was fought and this demanded patience and staying power from Mr T and our team.

Exposure to Asbestos – 1

The first lengthy argument was about how much and with what employer the claimant suffered his exposure to asbestos. We had arguments with the insurers and solicitors for all three of the defendants. We made enquiries with the claimant and tried to find witnesses without success. Our solicitors explored every avenue of the case.

Using our contacts we secured a robust report from an Occupational Hygienist. We worked hard with the expert and the Claimant to put evidence to the defendants which left them with nowhere to go.

Insurers typically do not like admitting when they were wrong. It is our job to put them in a place where they have nowhere left to argue.

Medical Proof – 2

The second hurdle we had was proving that that the cancer was due to asbestos exposure. This needed a great deal of careful considered work with our medical expert. Our client smoked as a younger man but had the good sense to give up in the 1970’s.

In addition, after his surgery he recovered remarkably well. His actual disability after that surgery was quite modest. However, importantly he had undergone surgery and had risks it might come back to him later his life. At 78 years of age he was rightly worried about what the future would be.

We had to work up evidence to show the effect this had on him before and after the surgery.

Asbestos lung cancer – was it brought in time?-3

The third aspect of the case was the defendants argued was that the case was out of time and should have been brought in 2017/18 when Mr T first had problems and questions about his life were asked.

There is a strict three year rule that applies to common law claims. Defendants argue claims are out of time as a default argument in most cases. In this case we had to go through Mr T’s medical records with him and his family. Each appointment and discussion was digested and put into a robust statement. Our paralegal team worked out the medical record entries. Together we built up a timeline of what Mr T and his family had been told (or more importantly what they had not been told).

We put this to the defendants as well as the other evidence.

The courage to go to court – 4

Having spent almost two years trying to get the insurers to pay the claim we had to issue the claim using a specialist court in London. We guided Mr T through this process and he bravely went with us and was prepared to fight in court if needed.

Following service of proceedings then solicitors got on the case for the defendants. The weight of evidence was then properly considered. With the risks of further expensive legal costs coming up they finally started to discuss settlement.

Negotiations were then held and the case brought to settlement within a short time.

Mr T has a significant sum in compensation and our legal costs for this long fought claim have been paid.

Asbestos lung cancer – commentary

Victoria Symonds, Corries expert solicitor brought the case to this great result and commented.

” This was a long fought but particularly pleasing case to win.

I have been working in legal practice over 25 years and this case was one which needed good strong supporting teamwork. Our asbestos team including file administrators and paralegals helped pull out and work up the evidence which was needed.

Our expert panel of medical and Occupational hygienist specialists also came up the mark and coupled with my determination to get this over the line ensured we got this case settled. My client is extremely pleased and I am glad that he had such patience and fortitude.

Insurers are fighting asbestos claims harder now than ever Few cases are settled without a battle.

Mr T has seen first hand how much you need an experienced solicitor and access to a great supporting team in your corner”

Call our asbestos claim team now FREE on 0800 083 7839 or e mail us at info@corries.co.uk to see if we can help you or someone you know with asbestos disease. A three year cut of rule applies so be quick.