Nelsons were instructed by Mrs T following the death of her husband from mesothelioma, a condition recognised as primarily caused by exposure to asbestos. Mr T had complained of breathlessness and his first hospital appointment was in the March, and his health then deteriorated rapidly and he died in the July of that year.
Apart from a two year period of National Service, Mr T worked for the Defendant from 1948 to 1995. He started as an apprentice, continued work as a joiner, subsequently being promoted to foreman, then site manager and site agent.
Mr T’s work brought him in to regular contact with asbestos dust and fibres. There was no other known exposure to asbestos during his working life. He worked on various construction projects in and around the Lincoln area coming into contact with the removal and demolition of asbestos sheeting, ceiling panels and roofing sheets, particularly in older buildings. He had also been involved in the removal of asbestos insulation from old pipe work and plant. He often worked alongside asbestos laggers who installed new asbestos lagging on pipe work, often mixing the lagging by hand in the vicinity of Mr T.
Following his death, Mrs T sought advice and instructed Nelsons to pursue a claim for compensation on behalf of herself as the widow, and on behalf of Mr T’s Estate. Unfortunately, as Mr T had already died, Nelsons had to locate witnesses to confirm his working life and exposure to asbestos. Medical evidence was obtained and investigations identified the employers liability insurers to pursue a claim against.
Compensation for Mesothelioma was Awarded to the Victim’s Family
Following delays on the part of the insurers dealing with the claim, Court proceedings were commenced, and following an initial denial of liability, exchange of documents and witness statements took place. Subsequently, liability was admitted.
There then followed a further period of negotiation before Chris Stansfield was able to recover a settlement figure on behalf of Mrs T. This covered:
- damages for Mr T’s pain and suffering
- funeral expenses
- the bereavement award for Mrs T
- payment to her in respect of her financial loss of dependency and to reflect the care she provided to Mr T during his illness
Read more about the asbestos injuries and mesotheliona cases that Nelsons have handled by visiting our Personal Injury case studies page.
For advice on pursuing a claim for compensation please contact a member of our Personal Injury team.