Laura secured a £150,000 settlement plus an indemnity for future treatment costs for a widower with mesothelioma, in a claim hampered by the defendant’s insensitive prevarication. Charles* instructed Laura more than 6 months after his mesothelioma diagnosis and NHS immunotherapy treatment. As a widower, he lived in a co-dependent, mutually supportive relationship with his grandson in a second floor flat with no lift, which would be unworkable as his illness progressed. Laura proceeded with the claim against the one viable defendant former employer, despite some of his recollections of asbestos exposure lacking specific details. Charles cut asbestos sheets by handsaw for the purpose of boxing in pipes and remembered various locations where he worked, but he was unable to recall specific dates, which we were able to narrow down by going through his passport stamps – working backwards from time spent abroad during his working life. As a widower with no dependants, he needed a quick settlement to provide compensation during his lifetime and needed the defendant to agree to fund any further (non-NHS-funded) immunotherapy he may need in the future. Laura quickly obtained supportive medical expert evidence and a care report detailing the costs of future care which the grandson could not provide. Charles relocated to live with his daughter, who adapted her home and Laura secured an early liability admission, but following Defendant delays in paying the interim payment, Laura issued court proceedings and made an immediate application for an expedited hearing of the case. Armed with a hearing date, she negotiated with the Defendant, securing a £150,000 settlement plus an undertaking to fund future recommended non-NHS funded treatment, 5 days before the court application was due to be heard. Charles is delighted that the case has settled before the end of the year and within 10 months of instruction. Laura comments: “Charles is currently enjoying a good quality of life with his daughter (and wider family) who is providing care and support for Charles, ensuring he keeps his independence for the foreseeable future. I am pleased the case has been brought to a successful resolution and that the Defendants have paid final damages promptly. He has the peace of mind that the Defendants will meet the future funding of any private treatment (if needed).” *Names anonymised for confidentiality For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact the team by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.
