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Home > News > Asbestos-related compensation for pleural thickening

14th September 2009

Asbestos-related compensation for pleural thickening

Having put other medical problems behind him, our client was distressed to find that his breathlessness was increasing, preventing him from doing many of his previously enjoyed activities.

Having previously made a successful personal injury claim for pleural plaques following his exposure to asbestos dust, and been awarded compensation in the form of a Provisional Damages Order, he sought our specialist asbestos-related claim advice when he was further diagnosed with pleural thickening.

We were able to secure additional asbestos-related compensation of £25,000.00 due to our specialist team of asbestos lawyers making a Court application to reactivate his Provisional Damages Order to bring the other side’s insurers to the negotiating table.

Provisional Damages Orders

A Provisional Damages Order had been awarded to our client some years prior to his development of pleural thickening. At that time, it was possible to recover compensation for asbestos-related pleural plaques, with the right to seek further compensation at a later date in the event of going on to develop a more serious asbestos-related disease, such as asbestosis, asbestos induced lung cancer, mesothelioma, or disability due to pleural thickening, as in the case of our client.

Unfortunately, this right to obtain a Provisional Damages Order in pleural plaques claims was removed following an appeal by insurers to the House of Lords in 2007. The Law Lords decided that pleural plaques do not constitute an injury and therefore people with pleural plaques are not entitled to compensation.

Diagnosed with pleural plaques

Some years after his award for pleural plaques, our client began to experience a deterioration in his breathing and made several visits to his GP. Eventually it was confirmed that following his initial diagnosis he had gone on to develop pleural thickening, which was confirmed by CT scan and lung function tests. The pleural thickening was causing a significant respiratory disability.

Negotiating compensation for pleural thickening

Legal liability for our client’s exposure to asbestos and his development of the asbestos-related disease, pleural plaques, had been accepted at the time of the Provisional Damages Order. When a further claim for compensation was made, the employers’ insurers refused to negotiate an acceptable settlement. Our specialist team of asbestos lawyers issued a court application. This pressurised the insurers into making an acceptable offer in settlement of the claim for pleural thickening compensation before the case went to court.

Compensation claims for pleural thickening

We have teams of lawyers who are experts in all types of asbestos-related diseases who are waiting to help you should you decide to instruct us to represent you in your compensation claim. Clear Answers’ lawyers have a reputation for obtaining the maximum compensation for people who suffer from an asbestos-related disease as a result of negligence by an employer or someone else.

We will be happy to answer any questions you may have regarding your claim, to provide you with expert legal advice, and to talk you through the claims process in plain English.

Please ring us on 0800 783 9019 and speak to one of our advisers if you or a family member is suffering or has suffered an asbestos-related disease. Alternatively, a representative will contact you as soon as possible if you complete one of our on-line compensation claim forms.

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