My Dad has Passed Away from Mesothelioma - What Can I do?
Simpson Millar LLP has successfully helped a son make a claim for compensation
after the tragic death of his father.
Man diagnosed with Mesothelioma
The man had been diagnosed with mesothelioma
after taking early retirement from his job as a plating shop assistant. However, he was taken very ill and was admitted to hospital. His wife was already an elderly woman and could not carry on his care at home
if he was to be discharged. For that reason, he was transferred to a hospital where he could receive palliative care
until he passed away. In the space of a year, the man went from happy active retiree to bed bound and relying on oxygen and morphine to help him breathe. Because of this, we decided to visit him in hospital to take the initial witness statement
and start investigations as early as possible. Due to the man's condition, understandably his evidence was not straightforward. On inquiry, we were also unable to contact any of his former colleagues
to give evidence.
The man's youngest son was also employed at the same workplace
and was able to give details as to the environment his father had worked in. He gave us an accurate description
about the area his father worked in the factory, the old age and appearance of the building and the broken down condition it was in.
Asbestos in the Boiler Room
Although he could not recall directly working with asbestos
, he did remember there being a lot of it in the boiler room. In the winter, he would go in there to warm up. Often, the room was in disrepair and would need fixing. According to a newspaper at the time, his employers would have only been aware of exposure to asbestos from regular and substantial exposure. The injured man in question's exposure to asbestos was not that great.
Simpson Millar LLP Negotiates
Unfortunately, before the case was settled the man passed away at the age of 83
. His son took over the case on his father's behalf so that his mother could benefit from the claim in his father's absence. A majority of the correspondence between Simpson Millar LLP and the man's son was done via email for his convenience – he was not living in the UK at the time.
From the information we gathered we were able to conclude that at the time the employers should have known that exposure to asbestos
would result in injury. Because of his exposure to asbestos, the man's life expectancy was cut short by around 4 years.
We put our case to the employer's and entered into negotiations. Determined to do right by the deceased man and his family we settled the case for compensation for £135,000
Top tips to take home
- Even if your loved one has passed away you can still pursue a claim on their behalf
- If your exposure to asbestos was minimal, it could still lead to an asbestos related injury
- A good solicitor will meet you where it is convenient – if you are not able to make it to the office, they will see you at home or even in the hospital