Boyes Turner’s asbestos disease claims solicitors secured a £200,000 out-of-court settlement for the widow of a former instrument engineer who died from the asbestos-related cancer, mesothelioma. Gathering evidence with no lifetime statement The family contacted us to ask for our help in making a claim when the terminally ill man was nearing the end of his life. He died in hospital before his family had the chance to instruct us to act. He left detailed, helpful, handwritten notes about his work history and recollections of his asbestos exposure, but did not have the opportunity to meet with us to provide a lifetime statement. Laura Magson, Partner and Head of the Asbestos team, visited his bereaved widow and executrix, and her two daughters, at her home and took her witness statement, based on her own recollections of conversations she’d had with her husband about his asbestos exposure, his handwritten notes, and other relevant documentary evidence which was also exhibited to her statement. Asbestos exposure in the 1960s led to mesothelioma Our client’s husband’s only known exposure to asbestos was during his employment with Central Electricity Generating Board (CEGB) as a craft apprentice and instrument engineer between 1960 and 1969. During his apprenticeship and subsequent employment with CEGB he worked on pipe installations at various power stations across England and Wales. His job involved accessing pipes to reach instruments and gauges for maintenance checks. He worked alongside laggers who cut holes in the asbestos lagging so that he could access the pipework and mixed powdered asbestos with water in barrels to re-lag the pipes. These tasks created asbestos dust which left the laggers covered from head to foot in white asbestos powder. Our client’s husband recalled that he would often have his “snap” lunch whilst sitting with the laggers on the pipes that had been re-lagged. In later life, he was diagnosed with mesothelioma and pleural effusion, after a period of illness culminating in GP referral to A&E and admission to hospital. The diagnosis was confirmed with CT scans and biopsies. He underwent treatment with immunotherapy but died in hospital a month later. His mesothelioma reduced his lifespan by seven years. Helping the deceased’s family make a mesothelioma compensation claim A grant of probate was obtained enabling the widow and executrix to pursue the claim, and we served a letter of claim on the deceased’s former employer. The claim was made by the widow and executrix on behalf of her deceased husband’s estate and also for her loss of dependency on his income and ‘services’, such as driving and DIY, that he provided for his family. We also sent supporting evidence including our client’s witness statement and medical experts’ reports confirming the deceased’s asbestos-related mesothelioma as his cause of death, and his and his widow’s life expectancy. Claim results in admission of liability and £200,000 settlement The defendant employer’s insurers admitted liability and made a £50,000 interim payment for our widowed client. We served a schedule of loss setting out our valuation of the claim, including our client’s loss of dependency on her husband’s income and household services. The valuation also included an amount for the deceased’s pain and suffering, bereavement damages and expenses incurred connected to the mesothelioma. When the defendant employer’s insurers made an offer to settle at £187,250, we entered into further negotiations and secured a £200,000 compensation settlement for our client. Despite the potential complexity of the claim arising from the lack of a lifetime statement from the deceased, we were able to secure a good settlement for our client within just eight months of instruction, without the need for court proceedings. Asbestos disease specialist, Laura Magson, commented: “We were all deeply moved by helping this lovely family reach a successful conclusion to this case. Despite going through the traumatic circumstances of their loved one’s terminal illness, they were incredibly diligent in gathering detailed notes and records regarding his former employment and asbestos exposure which undoubtedly helped bring about a swift admission of liability and settlement from the defendant.” 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.
