I am Living with Mesothelioma – Can I Still Make a Compensation Claim?
A man who was exposed to asbestos by both of his previous jobs
has won compensation for his injuries.
Exposed to Asbestos Regularly
Simpson Millar LLP came to the aid of a man who was diagnosed with mesothelioma
. His wife had initially used an asbestos helpline to contact us for assistance.
Due to the man's fading condition, we thought it would be best to visit him and his wife at home to take a statement
. Two weeks prior to our visit, the man had been diagnosed with mesothelioma. What started out as breathlessness and other chest problems
turned out to be something more sinister.
At the age of 23, he joined a shop fitting company. He began by ripping out the old asbestos
and breaking it up to put in a tin. Once the shop was clear, he would then add new asbestos sheeting cut by hand.
Despite being promoted from fitter to supervisor, he was still exposed to asbestos, as he used to visit the sites to ensure the work was being done properly
. He did the same role when he started his own company.
The man had undergone numerous operations including the draining fluid from his lungs
. Due to the position of the tumour, radiotherapy and chemotherapy would not be successful and so would not be offered.
Simpson Millar LLP Puts Together a Plan of Action
After our first meeting with the man and his wife, Simpson Millar LLP put together a plan of action to help the man
. It included helping the man with an industrial injury benefit application
, obtaining a list of all his previous employers', hospital and GP records and putting together his witness statement. We also arranged appointments with top medical experts
When the medical report came back, it confirmed he had mesothelioma
. His life expectancy was educed to around 9 months
because of the disease. We also found out that if the man had not developed mesothelioma, his life expectancy would have been around 4 years longer.
A Successful Bid for Compensation
Unfortunately, both of the companies that previously employed him had now dissolved. On further investigation, we managed to find one of the insurers involved. We pursued them solely and took the matter to the High Court
in London. We thought this was the best course of action for the man and his wife. The condition of mesothelioma patients can deteriorate quite fast so we did not delay the claim.
Before the case went to court, Simpson Millar LLP got the opportunity to negotiate with the insurers. We were able to do this in the fastest way possible and secure compensation for £125,000
. We were also able to help the couple to put their estate and finances in order if the man were to pass away in the future because of his illness.
He is still currently receiving treatment
and continues to live with his wife.
- Information on your previous employment is crucial to a successful mesothelioma case
- Visit your GP immediately if you feel unwell – getting a diagnosis as soon as possible is vital
- Your solicitor can help you put your estate and finances in order