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25th July 2011

Mesothelioma compensation awarded to engineer after his death

Life expectancy is tragically cut short when a diagnosis of mesothelioma is received. Both the sufferer and their families are often in shock as they come to terms with the devastating consequences of negligent exposure to asbestos.

Our specialist asbestos compensation lawyers were asked to represent this client when he was given this devastating diagnosis. Knowing that time may be short, we investigated the claim promptly but sadly, our client died before the claim was concluded. We continued to pursue a claim on behalf of his widow and family.

Our lawyers were able to secure over £150,000 in mesothelioma compensation for the widow and the deceased’s family. We obtained evidence which forced the employer’s insurers to admit liability and were able to secure a substantial interim payment, Court proceedings were begun because the insurers refused to negotiate an acceptable sum in asbestos-related compensation. However, before the trial date, we negotiated settlement of the full value of the claim for our client’s widow.

Nothing can compensate for the suffering caused by negligent exposure to asbestos, especially the completely avoidable loss of a loved-one, but the substantial damages recovered mean that the deceased’s family will not have the additional worry about financial security as a result of his early death.

Negligently exposed to asbestos dust as a young man

An engineer for most of his working life, our client had worked for the same employer for many years, at various locations around the UK. Holding positions of increasing seniority, he had been exposed on a number of occasions both during his own working practices in earlier years, but also during specific events as he supervised activities at some of those locations.

Many of the premises where he worked were subsequently found to have used asbestos in their construction. In some cases, the activities within the buildings had resulted in damage to asbestos, which went unchecked and posed a significant hazard to all who worked there.

No warnings on the danger of asbestos-related diseases

The risk of developing an asbestos-related disease through inhaling asbestos dust were well known to employers, but our client was never warned about these dangers, or the risks involved, nor was he provided with protective equipment such as masks, exhaust ventilation or other breathing equipment. His negligent exposure therefore continued for many more years.

Symptoms of an asbestos-related disease

Following his retirement, the deceased had taken up golf. However, as the symptoms developed, he found himself unable to continue, being seriously out of breath, unable to walk more than a very short distance. He suffered pains in his side that severely restricted his movement, became completely dependent upon his wife and family, and became housebound.

As the symptoms developed, the deceased underwent several procedures, first to try to identify what was causing his symptoms, and then to try to provide some relief for him. This included x-rays, CT scan, and biopsy, and once diagnosed with mesothelioma, he underwent a course of chemotherapy.

Breaches of regulations

Not only had our client’s employer breached several health and safety regulations, they had previously been prosecuted and convicted by the Health and Safety Executive for an incident during our client’s time at one of their premises.

In particular, throughout our client’s employment, they had breached several sections of the Asbestos Regulations 1969, and the Factories Act 1961 by failing, not least, to keep the premises in a clean state and free of asbestos dust and fibres, or to provide any adequate breathing apparatus to prevent him inhaling asbestos dust.

Mesothelioma compensation claim

Clear Answers’ solicitors has a dedicated team of lawyers specialising in asbestos-related injuries who are able to offer expert claim advice in what can be very complicated personal injury claims. They have huge experience of asbestos-related disease claims and will be happy to answer any questions you may have in plain English.

You will receive 100% of the compensation awarded. If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself.

If you or your family have been affected by mesothelioma or any other asbestos-related disease and would like some advice about how to make a personal injury compensation claim contact Clear Answers' solicitors on 0800 783 9019 or complete one of our online compensation claim forms, and one of our representatives will contact you as soon as possible.

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