Michael was diagnosed with mesothelioma, an asbestos related cancer, after he began to experience worsening coughing and shortness of breath. After fluid was found in his lung, a subsequent biopsy revealed that he was suffering from the disease. While this was naturally a huge shock, he received a lot of help and support from his three daughters and they made contact with Martin Anderson, Associate Solicitor at Boyes Turner, who was able to assist Michael with his mesothelioma claim. Asbestos exposure as a Mechanical Fitter at a steelworks Michael was exposed to asbestos while working as a Mechanical Fitter at ICI and then at the Appleby Frodingham steelworks in the 1960s. A common difficulty with cases such as these is trying to evidence events which occurred several decades ago. However, there were two factors in this case which made it easier for us to help Michael in this regard. Firstly, Michael made contact with us while he was still relatively fit and well and able to give a good description of his employment history and how, when and where he was exposed to asbestos. The most helpful evidence in a legal claim is often a mesothelioma patient’s first hand account of what happened. In these circumstances, one of our solicitors will be happy to do a home visit at the earliest opportunity and bring a mesothelioma patient’s memories to life in the form of a witness statement. This is sometimes referred to as ‘lifetime evidence’ and it is a crucial ingredient in a successful legal claim. Secondly, Boyes Turner’s industrial disease team have previously successfully concluded other asbestos cases against both ICI and Appleby Frodingham. We therefore already had a lot of information about the work that went on when Michael worked there and how asbestos was used. When Michael described the work he did and how he was exposed to asbestos, this was entirely consistent with what previous Boyes Turner clients have also said. The progress of the Mesothelioma claim Martin quickly saw Michael at his home and took a witness statement about his asbestos exposure and diagnosis. Martin then obtained a full report from a respiratory physician, which confirmed that Michael’s asbestos exposure at both ICI and Appleby Frodingham materially increased the risk that he would contract mesothelioma. Martin then set about presenting and valuing the claim and inviting the representatives of ICI and Appleby Frodingham to make an offer to settle Michael’s claim. Mesothelioma claim settlement and outcome The Defendants unfortunately failed to make a timely offer to settle Michael’s claim, so Martin commenced proceedings in the High Court. A reasonable offer was forthcoming shortly afterwards, which Michael was happy to accept. The Defendants also agreed that Michael can re-open his case in the future if he ever needs funding for any treatment that he may be recommended to have in the future, which is not available on the NHS. While no amount of financial compensation can remedy the situation, Michael and his family were very happy with the outcome. One of Michael’s daughters said the following: “When we first got in touch with Boyes Turner in the wake of my dad's mesothelioma diagnosis, we were not expecting to be able to make a claim due to the length of time that had passed since he was exposed to asbestos. However, thanks to the knowledge and professionalism of Martin Anderson, we were not only able to pursue that claim but win it, ensuring total financial security for my dad as his health sadly declines. We were so impressed by Martin's patience, sensitivity and promptness in dealing with every aspect of the process and would have no hesitation in recommending him and Boyes Turner to anyone hoping to pursue a similar claim”. *names have been anonymised. 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.
