Legal knowledge | Common law » Mesothelioma and Asbestos-related Disease Claims

Source: http://www.doksinet mesothelioma & asbestos-related disease claims Source: http://www.doksinet bringing a mesothelioma claim In what circumstances did the exposure(s) take place? work HMRC schedule of employers When did the exposure(s) take place? Does the likely defendant employer/company still exist? Can employer’s liability insurers be traced for the defendant company for the relevant period of exposure? home Title deeds secondary exposure Internet research Companies House search ELTO search APIL The importance of obtaining a detailed early witness statement from the claimant. Tracing former work colleagues as witnesses Can we prove the asbestos exposure? What were the probable dates of the exposure? What knowledge ought a reasonable employer to have had of the dangers of asbestos at that time? Speedy procedure through the Courts for mesothelioma claims The later the exposure the better regarding the prospects of success - but be aware of the latency

period Master Whitaker’s “show cause” procedure in the High Court – aims to administer swift justice It works! Interim payment of £50,000 Desktop reports Obtaining medical evidence Ensuring that the treating consultant’s diagnosis is correct General damages Special damages (eg loss of earnings, future loss of earnings, funeral costs, bereavement award, pension losses, care claim, DIY/gratuitous services) What can be claimed Life Expectancy Of mesothelioma sufferer Of spouse/partner As part of the claim, we need to prove the probable life expectancy of the person involved, had they not developed mesothelioma. We can prove by way of statistics what the “average” life expectancy of a man or woman is. An individual’s medical and smoking history, as recorded within their medical records, will help our independent medical expert to determine whether they would have been likely to have lived beyond the average life expectancy, or less than the average life expectancy,

and by approximately how many years, “but-for” the mesothelioma. Similarly, given that we will be claiming on behalf of the spouse/partner for future losses until such time as the mesothelioma sufferer would have died were it not for the illness, we must also usually assess the actual life expectancy of the spouse/partner – so that the Court can assess what it would be reasonable to expect the insurers to pay for future losses. If, for example, the mesothelioma sufferer is considerably younger than their spouse/partner, and their spouse/partner is extremely sick so that they only have a life expectancy themselves of a year or two, it would be considered unfair to expect the insurers to pay for 20 years of future financial losses, even if the mesothelioma sufferer’s life expectancy would have been a further 20 years were it not for their illness. The key thing to remember is that where there is mesothelioma there has been asbestos exposure. While proving whose fault it is that

someone has been exposed is easier in some circumstances than others, it is always worth investigating given the devastating impact of the disease on individuals and their families. Source: http://www.doksinet current claims Examples of some of our recent and current mesothelioma and other asbestos-related disease cases Richard Foyster has recently obtained a settlement of £277,000 for a Norfolk man who had regular exposure to asbestos in his working environment over 40 years ago and was diagnosed with mesothelioma in 2014. Fortunately he was aware of the exposure and had kept good records of where he was working and when which made it easier to bring the claim quickly. A substantial six figure settlement was obtained for the estate of a Cambridge professor who died in his 50s following an unexpected diagnosis of aggressive mesothelioma. It was proved that this was contracted while he was working in a Cambridge University Field Station breeding ladybirds for research purposes. Mr

M died of mesothelioma aged 70 following exposure to asbestos at RAF Sculthorpe whilst working alongside the USAF. A substantial interim payment was obtained within five months of diagnosis and a settlement of £200,000 was obtained for his widow and estate following a successful claim against the Ministry of Defence. Mr L lived in Thetford until his recent death from mesothelioma. We were able to obtain crucial evidence from him and his former work colleagues before his death and are now pursuing the claim on behalf of his family. Mr H had been a carpenter for a local building firm and was pursuing an asbestos-related disease claim at the age of 84. He developed pleural thickening through exposure to asbestos whilst insulating garages in the 1970s. The claim was resisted on grounds of de minimis exposure but settled three weeks before trial on a full liability basis and for substantial damages. Defendant’s witness statements contradicted the Claimant’s in almost every respect. Mr

G was a Cambridgeshire-based man who died from mesothelioma in October 2012. He is adamant that he was exposed to significant levels of exposure in his job as a heating engineer, but his employer’s insurers have denied liability. Union solicitors were appointed initially, and they pulled out of the case, saying that there were insufficient prospects of success. Ashtons Legal was approached by his family and have taken on the case. Having unearthed new evidence, we have persuaded a specialist barrister that there are sufficient prospects of success to fund the case on a Conditional Fee Agreement, and Court Proceedings are due to be issued on behalf of the family shortly. Mr O comes from Haverhill and is registered blind. He is suffering from asbestosis and pleural disease contracted whilst a heating installation engineer. The defendant solicitor is playing every trick in the book but we believe the claim to be worth in excess of £50,000. “Our thanks to Richard Foyster for his

caring and professional service to us both at such a traumatic time.” “Richard Foyster undertook methodical case preparation, with absolute attention to detail. He has a very friendly, considerate and compassionate style – an absolute gentleman.” “Thank you to Michael Wangermann for all his help during the last difficult year and a half. Everyone I dealt with at the firm went what I felt was above and beyond what I would have expected.” “Even though I had lost hope of being able to claim your excellent firm fought on for me and won!! You have helped myself and my family so much. Thank you all.” www.ashtonslegalcouk Source: http://www.doksinet we can help you Richard Foyster Richard is Head of Personal Injury at Ashtons Legal and specialises in high value workplace and employer’s liability claims and increasingly on mesothelioma cases. He also represents clients in road traffic accidents, product liability claims and public liability claims. Richard has settled

many cases with a value of more than £1m, his recent work includes: Obtaining a settlement of over £4m for a young man who suffered brain injuries and a number of orthopaedic injuries in a road traffic accident. The High Court Judge approving the settlement made it clear that he felt Richard had negotiated very effectively on behalf of his client. Richard is recognised by the Association of Personal Injury Solicitors (APIL) as a Senior Litigator and is a member of the Solicitors Regulation Authority Personal Injury Panel. He is ranked in Band 1 by Chambers UK for Claimant Personal Injury work. He is a Trustee of the Felixstowe Citizens Advice Bureau. Richard is based at our Ipswich office and regularly works from our Felixstowe office. 01473 261371 richard.foyster@ashtonslegalcouk Phoebe Osborne Phoebe is a Specialist Asbestos Disease Solicitor based in Cambridge who acts solely for patients diagnosed with mesothelioma, asbestosis, pleural thickening and asbestos lung cancer. She

has significant experience in conducting successful claims with care and compassion for her clients and their families. Phoebe grew up in East Anglia and covers the whole region attending visits with her clients and their families to take a detailed work history and she assists all her clients in applying for industrial disease and other statutory benefits. Phoebe also works closely with health care professionals, Mesothelioma UK and supports the Anglia Asbestos Support Group who meet monthly in Norwich and Bury St Edmunds. Phoebe is recognised by the Association of Personal Injury Solicitors (APIL) as an accredited Litigator and is a committee member of the Cambridgeshire & District Law Society. What independent industry commentators say about Ashtons Legal Chambers and Partners 2016 places Ashtons Legal as the only firm in Band 1 for claimant personal injury word in ‘Ipswich and surrounds’ and ‘Norwich and surrounds’. Richard Foyster specialises in high-value workplace

and employers liability claims. He has been compared to "a dog with a bone" in his determination with cases. A client comments: "A very personal service. I almost felt I was the only client they had." The Legal 500 2015 places Ashtons Legal in Tier 1 for claimant personal injury work in East Anglia. "Fee-earners are diligent, friendly and clientoriented" at Ashtons, which ‘fights hard for its clients’. Richard Foyster is ‘tenacious dealing with opponents, while genuinely caring about the outcome’. Phoebe is based at our Cambridge office and regularly works across East Anglia. 01223 431159 phoebe.osborne@ashtonslegalcouk @ashtonslegal www.ashtonslegalcouk Offices at | Ipswich | Bury St Edmunds | Cambridge | Felixstowe | Norwich | Thetford Ashtons Legal is authorised and regulated by the Solicitors Regulation Authority (Recognised Body number 45826). The information contained in this guide is of a general nature and specific advice should be

sought for specific situations. We believe the information to be correct as at the time of publication, April 2016 While all possible care is taken in the preparation of this leaflet, no responsibility for loss occasioned by any person acting or refraining from acting as a result of the material contained herein can be accepted by the firm or the authors