Achieving Justice For Michael – A Mesothelioma Settlement
Michael, a carpenter and joiner in his mid-70s residing in Kent, England, was diagnosed with mesothelioma, a terminal cancer caused by asbestos exposure. This diagnosis stemmed from his career as a carpenter and joiner, where he was exposed to asbestos-containing materials while working for a former employer for 6 years. He started his carpentry and joinery career as an apprentice and then remained with his employer for 2 years after qualifying. Little did Michael know that the start of his career would lead to the end of his life decades later.
The Legal Challenge
Lorna Webster, Partner, and part of the Asbestos & Workplace Illness team at Hodge Jones & Allen who assisted Michael commented on the legal approach at the outset, stating that establishing legal blame required a meticulous approach involving the comprehensive gathering of Michael’s detailed employment history to pinpoint specific periods of asbestos exposure, the obtaining of expert medical evidence to confirm the mesothelioma diagnosis and its direct link to Michael’s former apprenticeship as well as valuing what compensation Michael should receive.
Legal Action and Strategy
A formal letter of claim was sent to Michael’s former employers, together with notification to their employers’ liability insurers on cover for the period Michael worked for the business. Following Lorna preparing a comprehensive case strategy to establish legal blame, the insurers conceded that they could not effectively fight the claim, and they agreed to make an interim payment to Michael, to assist with his immediate financial needs because of the mesothelioma condition. Lorna and the Asbestos & Workplace Illness team then worked diligently to gather and present compelling evidence to support all parts of the claim. The insurers made an insulting offer in settlement to Michael and so Court proceedings were issued. The insurers then made an acceptable offer, having realised that they could not settle the claim for less than Michael was entitled to.
The Right Outcome
The case was successfully settled, resulting in a mesothelioma settlement for Michael. This outcome has provided him with financial security and has meant he can plan his finances to ensure his family are properly looked after when he has gone.
In addition to the financial settlement, Lorna ensured Michael received a guarantee that should new treatment for mesothelioma come along which is not available on the NHS but which his treating oncologist considers he would benefit from, the insurers will pay for that treatment on a private basis.
Key Factors in Reaching Justice
Several key factors contributed to the successful settlement including prompt legal action through the swift issuing of proceedings, focused evidence gathering encompassing detailed employment records, obtaining effective medical reports, and strong legal representation demonstrating the Asbestos & Mesothelioma Workplace Illness team’s expertise in mesothelioma cases.
Implications
Commenting on the legal outcome, Lorna Webster, Partner, observed that this case highlights the importance of pursuing legal action for individuals diagnosed with mesothelioma due to occupational asbestos exposure. It demonstrates that successful settlements can be achieved through thorough preparation and the application of skills by an experienced legal practitioner in this specialised and complex area of the law. This case also serves as a reminder of the devastating consequences of the UK’s historic asbestos exposure and the ongoing need for vigilance in preventing future cases.
Lorna Webster is a dedicated solicitor with over 20 years’ experience securing compensation for individuals and families affected by asbestos-related diseases. Lorna is known for her compassion, determination, and in-depth expertise. She handles complex cases involving mesothelioma, lung cancer, asbestosis, and pleural thickening. Lorna is passionate about raising awareness to help prevent future exposure.