Peritoneal mesothelioma claim - carpentry - £125,000 compensation
Our Industrial Disease lawyers have recently settled a claim for Mr C, who has mesothelioma, in the sum of £125,000.
Mr C had, as far as he was concerned, worked for the same company throughout his entire working life. However, the company had from time to time been taken over or merged with other firms. He retired in 2004, aged 66. Mr C was a carpenter by trade, and had worked as a shop fitter throughout almost all of his working life. Unfortunately, in 2006 he began to develop breathlessness and in October 2006 he was diagnosed with peritoneal mesothelioma. Boyes Turner's industrial disease lawyers were instructed on his behalf in late October 2006. We visited him at home and took a full statement from him about the circumstances of his exposure to asbestos. Letters of claim were sent to his previous employers in early November, and his medical records were obtained. Expert medical evidence in support of his claim was received in early January, and disclosed to the Defendants. When they did not respond Court proceedings were issued in early February. The case was listed to go to trial on 25 June. Judgment was entered for the Claimant on the issues of negligent exposure to asbestos and causation of his mesothelioma. The only issue to be decided by the Court was whether or not the Claimant’s employment had been transferred over under a valid transfer of undertakings or pursuant to the Transfer of Undertakings Protection of Employment Legislation, which would mean that the Defendants were liable for the negligent exposure of his previous employers. No concessions were made by the Defendants until the very last moment when they accepted the Claimant’s Part 36 offer to settle the mesothelioma claim in the sum of £125,000, plus repayment of CRU benefits in excess of £8,000.
It was vital to the Claimant that his industrial disease claim was concluded as soon as possible, because due to a quirk in the law relating to this type of claim, if he did not survive to see the conclusion of his industrial disease claim it meant the damages payable to his estate would have been considerably less.
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