Case Study: Client won case after developing mesothelioma after working his whole life in the building industry.

April 13, 2021 9:16 am

The Claimant had developed mesothelioma and spent his whole working life in the building industry.

What is Mesothelioma?

Mesothelioma is a cancer caused by asbestos. It most commonly occurs in the linings of the lungs or the abdomen. The average life expectancy is 18 – 31 months after diagnosis, but prognosis may improve with treatment. Symptoms can include chest pain, shortness of breath and general fatigue.

Mesothelioma is almost always caused by exposure to asbestos, a group of minerals made of microscopic fibres that used to be widely used in construction. These tiny fibres can easily get in the lungs, where they get stuck, damaging the lungs over time.

How We Assisted Client Exposed to Asbestos Secure Compensation from a Previous Employer

The Claimant was employed by two companies in the 1960’s and became self-employed in 1970. For the first few years of self-employment, he was exposed to asbestos. Liability was accepted by the second company the Claimant was employed by (the first company being dissolved and having no traceable insurers). The insurers for the Second Company sought a deduction for contributory negligence as he had worked with asbestos sheeting in the early years of self-employment and had not taken any precautions or provided himself with any respiratory protection.

The Claimant’s argument was that he did not know that asbestos was dangerous at that time and he adopted the work practices of the second defendant when he started out on his own. After some argument, the Defendants accepted that they could not prove that he knew of the dangers and settlement was made on a full liability basis, with an indemnity for future immunotherapy.

As you can see the claimant was exposed to asbestos for years during their career in the building industry, but there was no proof or knowledge then that he knew about the dangers of asbestos. We were able to assist the claimant to understand where he had been exposed to asbestos dust and discuss his work history and circumstances in detail. We have a wide knowledge of the different materials which unbeknown to many contained asbestos fibres.

Additionally, with the claimant’s case, the company he was formerly employed by was no longer trading. We know that every case is different, however when putting forward a civil claim for compensation, even if the company which formerly employed you is not trading, if we are able to trace their former employer liability insurer, we may still be able to help you. We have access to a wide range of databases that hold records of historic insurance details for companies.

 

Larcomes Solicitors

Larcomes have a long-established record of obtaining compensation for sufferers of Asbestos-related Diseases. Our specialist industrial disease solicitors who are ranked for their expertise in both The Legal 500 and Chambers and Partners Legal Directories have been acting for the victims of Asbestos exposure and the related diseases for over twenty-five years, obtaining much-needed compensation for sufferers and their families.

Here at Larcomes we are proud supporters of HASAG Asbestos Disease Support, a registered charity that provide support, guidance, and information to people with asbestos diseases.

We are dedicated to helping you or a family member suffering from an asbestos-related disease. We believe that no one should face the devastating effects of asbestos on their own. That’s why we offer a whole range of support, if you have been diagnosed with mesothelioma or any other asbestos-related disease, we are aware of the devastating impact this can have on both you and your family.

We can investigate your claim whichever type of mesothelioma you have been diagnosed with. To speak with one of our specialist asbestos compensation claim team please call on 023 9244 8100 or make an online enquiry here.


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