Our client worked as a carpenter for Swan Hunter ship builders and was frequently in the vicinity of laggers working with asbestos. No-one informed him of the harmful effects of this substance, which covered him from head to toe.  He was diagnosed with asbestosis, which was estimated to cause him a respiratory disability of 45%. The defendant disputed this diagnosis and his disability was said to be largely due to smoking and previous tuberculosis.  Despite the evidence against them, the defendant fought the case to the Court door.  At the last minute, they agreed to pay our client his rightful damages and his case settled for a total of £70,000.

Comments: This claim was difficult not only because of the opposition between the defendant and claimant’s medical experts but also because our client’s respiratory disability was assessed as below 50% which makes his claim for care (i.e. the time spent by others looking after him) more difficult.  Fortunately, he had one of the top respiratory physicians in Australia acting as his expert, which helped him achieve a favourable outcome.