Putting together a claim for compensation as a result of an asbestos related condition resembles the construction of a car. Taking the place of the engine in almost 100% of claims is the claimant’s lifetime evidence. This evidence is most commonly preserved in a signed witness statement and is taken at the outset of the claim process. When drafted correctly, this evidence can clearly articulate the claimant’s circumstances of exposure to asbestos, the development and diagnosis of the relevant condition, and act as one of the leading pieces of evidence when requesting expert evidence from engineers, medical experts etc. It in many ways drives the claim forward. But what happens to the car when the engine either isn’t finished or cannot be located? This was the predicament Martin and his team faced when Veronica’s health deteriorated rapidly and she was unable to sign her witness statement prior to her untimely death as a result of the asbestos related cancer mesothelioma. Circumstances of asbestos exposure Veronica left school and started work at age 15, like many people in the 1950s and 1960s. She started working at a local coffee house, and worked in both hospitality and on production lines prior to commencing employment with Dimplex in 1966. She remained with Dimplex for approximately 3 years and stopped when her daughter Deborah was born in 1968. Veronica’s time with Dimplex saw her back on the production line assembling electric fireplaces. One of her daily tasks was the fitting of pre-cut insulation boards to the inside of fireplaces using an air gun. A screw for each corner of the board would be fired, caused small amounts of dust to be released into the air each time. Due to the frequency of this task the production area would become dustier as the day went on. No mask or other protective equipment were ever provided, and the staff were never warned of the dangers of asbestos. Onset of symptoms Veronica started to suffer from chest pains and breathing difficulties in October 2021. Due to the ongoing COVID pandemic Veronica and her family initially thought she may have been suffering from COVID, but a chest x-ray in late October 2021 showed a shadow which turned out to be a fluid build-up on her lungs. The fluid was drained, and after further observations Veronica was notified that she may have cancer. She received her formal mesothelioma diagnosis in January 2022. The claims process Veronica and her family were shocked to learn of her diagnosis. She was helped by the asbestos support group HASAG and she then contacted the industrial disease team at Boyes Turner in March 2022 to inquire about a possible claim for compensation. A home visit was promptly organised. Veronica was able to provide Martin with details regarding her occupational exposure to asbestos, but unfortunately passed away prior to signing her witness statement. Veronica’s untimely passing was devastating for all involved. Martin and his team began exploring options to solidify the liability position of the claim. Thankfully, Deborah was in attendance for the home visit conducted by Martin and could provide her own statement confirming that the draft version of Veronica’s statement prepared was a true and correct account of the details discussed. Secondly, contact was made with a variety of other law firms to seek additional witness evidence which corroborated the details of exposure provided by Veronica. As time progressed and further evidence was obtained, Martin continued pushing the insurer for a liability response. Court proceedings were ultimately commenced and an offer of settlement was made by the defendant’s representatives which Veronica’s family accepted. 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.
