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Home > News > Widow of Deceased Mesothelioma Victim Receives Compensation

29th September 2008

Widow of Deceased Mesothelioma Victim Receives Compensation

A mesothelioma compensation claim is often lengthy and complicated, and always extremely emotional. None more so than when the victim has sadly already died.

Our specialist mesothelioma solicitors were asked for mesothelioma legal advice on bringing a claim for the wife and family of one such deceased victim. The successful outcome of this claim demonstrates that negligent employers, who knowingly expose their employees to asbestos dust and asbestos fibres, can still be held accountable, even when the victims themselves are no longer able to provide critical evidence.

In this mesothelioma personal injury claim, her husband had passed away, leaving his wife, child and grandchildren, only 7 months after he was diagnosed with the killer asbestos-related disease, mesothelioma, caused solely by exposure to asbestos fibre or asbestos dust.

Identifying Negligent Employers After Mesothelioma Develops

Initially, our client recalls that her husband had not thought that he had been exposed to asbestos, but he later discovered that materials he had worked with had indeed been made of asbestos. Like many mesothelioma sufferers, the exposure had happened over a period of years and many years in the past, and often the organisations and witnesses are themselves no longer around.

In this case however, the large blue chip organisations that had employed our client’s husband were still operating, and the family were eventually able to trace several witnesses who had worked with the deceased. A claim for compensation for this asbestos-related disease could now proceed against two of the three organisations initially identified.

Admitting Liability For Exposing Employees to Asbestos Dust

Whilst one defendant admitted liability, the second did not. Admission of partial liability meant that an interim payment could be awarded to our client to compensate for immediate necessities, but the trial was set to proceed in order to assess the full value of the claim and compensation.

However, intense negotiations by our expert mesothelioma solicitors, eventually resulted in the second defendant admitting liability and the claim being settled just days before the final hearing was due to take place.

The Devastating Effects of Mesothelioma

The onset of mesothelioma had left our client’s husband suffering with a persistent cough, shortness of breath and unable to walk more than a short distance, and he had been gradually declining in health for several months. There is no cure for mesothelioma, and prior to his formal diagnosis, he was frequently in considerable pain from his condition. To try to alleviate his symptoms, he was twice subjected to having the fluid drained from his lungs, a procedure which in itself is extremely painful and often caused him to pass out.

There was the possibility of a further operation which involves the removal of lining around the heart and lungs and replacing it with a synthetic lining. This may have improved his symptoms in the short term but unfortunately, his lungs were not in a condition to allow the procedure to be carried out. His symptoms, typical of mesothelioma, became considerably worse in the period leading up to his death, requiring our client to provide round the clock care for her husband.

Rightful Compensation For Mesothelioma Sufferers and Their Families

Obviously, nothing can replace her husband of many years, but the final compensation received was a six-figure sum and will allow our client to continue in the family home, without the financial hardship she would have experienced at the premature loss of her husband.

Mesothelioma Compensation Claims

Clear Answers’ teams of experts are waiting to help you, should you decide to instruct us to represent you in your mesothelioma compensation claim. We will be happy to provide you with expert legal advice, to answer any questions you may have regarding your claim and to talk you through the claims process in plain English. Our specialist lawyers have a reputation for obtaining the maximum compensation for people who suffer from an asbestos-related disease as a result of negligence by the employer.

If you or a family member is suffering or has suffered an asbestos-related disease, please ring us on 0800 783 9019 and speak to one of our advisers.

Alternatively, a representative will contact you as quickly as possible if you complete one of our on-line compensation claim forms.

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