Williamsons Solicitors have recently agreed settlement of damages in respect of a mesothelioma claim, in the total sum of £525,000.

Andrew (not his real name) approached us shortly after being diagnosed with mesothelioma, a terminal cancer that affects the lungs and is generally caused as a result of exposure to asbestos.

Andrew informed us that he had been exposed to asbestos early in his career, whilst working as an apprentice joiner at ABI Caravans on Swine Moore Lane, Beverley, East Yorkshire, during the early to mid-1970’s, and also whilst working as a shop fitter, for John Curtis & Sons Limited in the mid-1980’s.

During both roles, Andrew was not informed of the risks of exposure to asbestos, nor was he provided with any personal protective equipment to protect him from inhaling the asbestos particles.

After being diagnosed with mesothelioma, Andrew underwent surgery and chemotherapy treatment. However, following a brief period of good health after this treatment, the cancer progressed and he sadly died around 1 year after his diagnosis. The claim was taken over by his sister, who was named the Executor of his Estate, in his will.

Both employers denied liability, (i.e. denied that they exposed Andrew to injurious levels of asbestos dust and fibres).

We obtained evidence from an expert engineer, to consider whether it could be shown, on the balance of probabilities, that Andrew was exposed to injurious levels of asbestos during the two periods of employment identified. The evidence was supportive of our client’s case.

Expert medical evidence was also obtained from a Respiratory Physician, which supported that the exposure to asbestos was sufficient to cause the mesothelioma and that his life expectancy had been shortened by a period of around 21 years, as a result of his exposure to asbestos.

At the time of contracting the illness, Andrew had been running two business, one being a pub and the other a property business, which involved purchasing various properties, renovating them and then leasing them to tenants. He was unable to work whilst receiving treatment and gave up the pub business. His son and partner helped manage the property portfolio, but the profitability of the business was affected as a result of the illness. But for his death, it was anticipated that the property business would have continued to thrive and Andrew would have continued to run the business, until he retired.

Claims were made for the pain, suffering and loss of amenity experienced by Andrew as his illness progressed and in relation to the care provided by family members whilst his health deteriorated and for lost earnings and travel expenses.

In addition, claims were made for past and future dependency on income, concerning the property business, the pub and Andrew’s state pension, as dependency on the services that Andrew would have provided, including household jobs such as decorating, DIY and car maintenance.

Due to the Defendants denying liability for the claim, Court proceedings were issued in the Royal Court’s of Justice, Kings Bench Division in London. In spite of the Defendants maintaining their denials of liability throughout the Court proceedings, a settlement meeting was arranged shortly before the claim was due to go to trial and ultimately, settlement of the claim without the need to proceed to trial was agreed.

Our Jill Robinson, a Legal Executive, who had conduct of the claim throughout says, “This was a difficult case to pursue, given the Defendants conduct throughout. Every aspect of the claim was denied, even down to the caravan company alleging they were not the correct Defendant, as the corporate history of their company was complex. Despite the Defendants’ conduct, we remained steadfast in our pursuit of justice for our client, and with the help of some very good experts, who provided excellent expert evidence, we were able to convince the Defendants that they were unlikely to win if they took the case to Trial, and ultimately we reached a very good outcome in our settlement negotiations. I am pleased to have been able to successfully conclude this difficult claim, whilst avoiding the need for my client to have to attend a Trial”.

Andrew’s sister provided the following wonderful feedback on the handling of the claim:

“I was very happy with the Williamson’s representatives handled the claim. Communication was exemplary and always free to chat and give advice. I was very happy with the outcome”.