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Case Study: Electrician Claims After Contracting Mesothelioma
Mr M's Estate Awarded £131,500
With JMW's help, a widow has received a £131,500 compensation award following her husband's death which was a result of repeated exposure to asbestos during his working years.
Mr and Mrs M were referred to JMW by their local hospital after Mr M was diagnosed with mesothelioma. They decided to make a claim for Mr M’s disease on a no win, no fee basis.
A former electrician, Mr M did not work directly with the asbestos that caused him to contract mesothelioma, however worked on a number of large scale projects where he was exposed to asbestos due to the environment he was in.
The work, which he undertook from the mid-1950s to the late 1960s, involved him working alongside laggers, who were responsible for major asbestos-lined insulation work. Mr M was often working in dusty environments where asbestos particles were present.
Identifying the Defendants
As can be the case with mesothelioma cases, Mr M was exposed to asbestos in several environments and identified four former employers where this was the case.
In mesothelioma cases, organisations that may have exposed an individual to asbestos have often ceased trading and we have to locate the former organisation’s employer’s liability insurers to make a claim. We were able to trace an insurer responsible for one of the defendants, and directed Mr M’s letter of claim to them.
Mr and Mrs M each provided us with a witness statement outlining how they coped with the disease and Mr M’s employment history. We also obtained several supporting documents for Mr M’s case:
- A copy of Mr M’s medical records.
- An official copy of Mr M’s employment history from HMRC.
- An independent report from a Consultant Chest Physician.
The insurer admitted liability on Mr M’s case after receiving the Chest Physician’s medical report. We began preparing a Schedule of Loss, which identified Mr M’s losses.
Sadly at this point, Mr M passed away.
Negotiating the Settlement
We continued the claim on Mrs M’s behalf, changing the Schedule of Loss to reflect Mrs M’s loss. Mrs M sent us a copy of Mr M’s death certificate, which we sent to the insurer, who agreed to an interim payment of £50,000. The insurers also found a possible second defendant in the case, and asked to delay agreeing a final compensation amount until they were involved.
The insurer was slow to provide us with an offer of compensation and we were obliged to threaten to issue court proceedings against them, which prompted them to make an offer.
We advised Mrs M that the initial offer was too low and should be rejected. Mrs M rejected the offer and we started to negotiate with the insurers, who provided two further offers before they made an offer appropriate for the case.
Mrs M, decided to accept this offer. She was very happy with the work JMW carried out on her behalf, and we are pleased to have been able to assist her during this difficult time.
If you or a loved one has contracted mesothelioma and you believe it is as a result of a either a current or previous job, speak to JMW Solicitors to find out if you can make a claim. Call us on 0800 054 6570 or fill in a contact form and we will call you back.