Lawyers make successful malignant mesothelioma claim for systems support engineer
Mr H, who was born in 1937, had malignant mesothelioma. For almost all of his working life he was a systems support engineer installing and maintaining large computers in various different locations. He often had to work under floors putting in cables and above false ceilings. The rooms in which the main computers were housed had to be fireproof and the panelling on the walls must have contained asbestos. An ex-smoker, Mr H had suffered from chronic obstructive pulmonary disease since 1994. He began to feel unwell in Autumn 2005, with shortness of breath, weight loss and lethargy. In March 2006 mesothelioma was diagnosed. When the medical report was obtained, in February 2007, there was a significant chance that Mr H would die as a result of his mesothelioma within six months, his life expectancy was almost certainly less than nine months but there was a small chance he may live for longer.
A claim for compensation was put forward for Mr H’s pain, suffering and loss of amenity and the lost years as his life expectancy had been reduced by almost ten years as a result of his mesothelioma.
The way in which compensation for terminal illnesses/fatal claims is calculated is perverse. Generally speaking, if a claim is concluded within an individual’s lifetime, and that individual has dependants, less compensation will be awarded than if the industrial disease claim were to be concluded after their death. This was explained to Mr H and he was advised that the realistic likely level of compensation if the claim was settled during his lifetime would be in the region of £144,000-£160,000, and if he were not to survive to see the mesothelioma claim through to settlement his wife would recover somewhere in between £170,000 and £190,000. A part 36 offer was made to the Defendants in the sum of £180,000 on 20 August, and after much chasing they finally came forward with an offer of settlement of £170,000, which we were instructed to accept.
Although he is very unwell, Mr H is delighted that he is able to use the settlement money to make his last few months more comfortable and enjoyable.
SEE ALSO
Our people
Making a claim
