Advice in pleural plaques claims
We have recently received a number of enquiries from people concerning the advice they received when negotiating settlement of their pleural plaques claims.
Pleural plaques are scarring of the lungs caused by exposure to asbestos. Although plaques do not normally cause any symptoms they are an indication of previous exposure to asbestos, and people diagnosed often become anxious about whether they will develop a fatal asbestos related illness in the future.
Prior to the House of Lords controversial decision in Johnston v NEI International Combustion Ltd (see Pleural Plaques Campaign), that the presence of pleural plaques does not constitute actionable or compensatable damage, damages were awarded on the basis that (1) claimants diagnosed with pleural plaques face an increased risk of developing an asbestos related illness in the future, and (2) knowledge of such an increased risk will cause the claimant anxiety.
In view of the unusual nature of pleural plaques the courts adopted a unique approach by allowing claimants to recover damages on either a provisional or full and final basis.
If they opted to settle on a full and final basis then they received a higher award at date of settlement reflecting their anxiety of contracting another asbestos related condition in the future and the actual risk that they would actually contract another illness. However in return for the higher award the claimant renounced their right to claim damages if they subsequently contracted another asbestos related condition.
Alternatively settlement on a provisional basis resulted in a lower award at the date of settlement to reflect their anxiety of contracting another asbestos condition only, but allowed the claimant to pursue a future claim if another condition subsequently developed.
We have been consulted by a number of people who were advised to settle their claims on a full and final basis and have subsequently developed another asbestos related condition. In a number of these cases it appears that the option to claim provisional damages was not properly explained to them. In the circumstances we are now advising these people about the possibility of recovering further damages.
We are, also, helping a number of people who settled their pleural plaques case on a provisional basis but have now developed another asbestos related disease.
