4 March 2010
Following his diagnosis with mesothelioma, which is a terminal cancer caused by asbestos exposure, our client instructed Leigh Day to proceed with a legal claim.
We first met him in hospital at the end of September 2009. It was clear that he was very unwell and so we took urgent steps to claim compensation on his behalf.
He provided a detailed account of being exposed to asbestos whilst working on steam locomotives for British Railway at the Crewe Works in Cheshire. He was exposed to further asbestos while working at a foundry in Dudley where he sawed and fitted asbestos boards.
Because British Rail has gone through numerous changes in the last 50 years due to privatisation, and many of its works and operations being sold to different companies, we had to identify the appropriate “successor” company. Because the foundry in Dudley had closed many years ago, it was necessary to identify their insurers at that time. Leigh Day’s investigations were successful and claims were brought relating to the asbestos exposure with both companies.
Neither company defended the claim. However, at around the same time, the family informed us that our client’s condition had deteriorated further. In fact, there was concern that he would not make it to Christmas. It was therefore a matter of doing everything possible to settle his claim within limited time.
Following extensive negotiations in the last few days before Christmas our client’s claim settled for a gross sum of around £150,000. Very sadly however, he died only a few days later. He was married and leaves a widow.
Vijay Ganapathy comments:
"It is deeply upsetting that our client was not able to make use of his settlement before he passed away. Because mesothelioma is such an aggressive disease, this is not unusual. However, these monies will provide at least some comfort to the family during their time of grief. They have had the arduous task of supporting our client while he endured the truly horrific effects of this disease which has placed an immense physical and emotional burden on them."
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