We were instructed by Mrs R following her diagnosis of an asbestos related disease. This claim involved a diagnosis of rounded atelectasis and traction bronchiectasis following exposure to asbestos whilst Mrs R was laundering her late father’s asbestos soiled work clothes. It is not usual to be able to prove that these conditions are caused by asbestos, or that secondary exposure to asbestos can be causative of the conditions.
Initially Mrs R instructed a different firm of solicitors to pursue a claim on her behalf. Following receipt of medical evidence Mrs R’s previous solicitors were of the opinion that there was no claim to pursue and ended their retainer with Mrs R. Mrs R was not content with this advice and approached Boyes Turner to consider taking her claim on for her. Having reviewed the matter Boyes Turner decided to take Mrs R’s case on for her.
Peter Olszewski, a solicitor at Boyes Turner, took detailed witness evidence to support Mrs R’s claim and advanced complicated medical arguments on Mrs R’s behalf in an attempt to settle Mrs R’s claim. The defendant was however unwilling to enter into settlement negotiations. Eventually Peter issued proceedings in the specialist asbestos division of the High Court so the matter could be determined by a specialist Court Master.
Following the disclosure of various witness statements, and other documentary evidence by Boyes Turner, the defendant eventually entered into a settlement with Mrs R and the claim did not proceed to trial. As a result of the ssettlement Mrs R was compensated for her injuries and all out of pocket expenses.
Mrs R thanked Boyes Turner for their friendly yet professional advice and assistance in pursing her claim and for not losing faith in achieving a successful outcome on her behalf when other solicitors had previously told her the claim lacked any prospects of success.