Laura was instructed by the former gas fitter, Roger, following his mesothelioma diagnosis, caused during his employment in the 1950s–1970s by asbestos exposure whilst pouring, mixing, cutting and handling asbestos without any protective equipment or warnings of the dangers. Laura visited Roger at home, took his lifetime statement, and obtained supportive witness statements from his former co-workers. She prepared to issue proceedings to push the Defendant’s insurers to admit liability and secured a pre-issue admission within four months of instruction, just shortly before Roger’s tragic death. She visited his family and supported his widow to continue the claim. Compensation Once the Schedule of Loss was redrafted to present the alternative value of the claim (to include the widow’s income and services dependency) the Defendant made a risk-free but time-limited offer to settle, which Laura advised the family would undercut the value of the claim. Roger’s daughters understood the rationale for further negotiation, but the widow felt pressure to accept the unsatisfactory offer, owing to misplaced concerns about risk from continuing with the claim; a decision we feared would later cause regret. Roger’s wife understandably saw the deadline of the offer as an end point to the case and naturally wanted resolution to the case. Laura advised making a quick, well-pitched, increased counter-offer, allowing time for the Defendant to accept without risking the withdrawal of their previous offer, thereby managing the family’s perception of risk. The Defendant accepted Laura’s offer, resulting in a good six figure settlement. The widow and her daughters were pleased that the case was resolved without the need to issue court proceedings which would inevitably have delayed settlement. Laura commented: “I was humbled to act for this wonderful close-knit family who were understandably devastated by the mesothelioma diagnosis. Roger sadly deteriorated much quicker than we all anticipated, and Roger’s wife, daughters and grandchildren have lost out on so much due to the loss caused by this cruel disease that could easily have been prevented. I feel privileged to have played a small part in making the financial burden easier to bear for Roger’s wife and I know that the family will support her all they can.” 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.
