1950s exposure to asbestos results in compensation success
03 September 2008
Leigh Day & Co has achieved a settlement for an Australian mesothelioma victim in just over four months from first instruction. Mr H was diagnosed with mesothelioma early in 2008 and recalled that he worked for a couple of months with Cape Asbestos in Barking in the 1950s as a labourer.
Mr H remembered this as the only time he had come into contact with asbestos because, having afterwards served in the army, he then worked as a driver, before emigrating to Australia in 1972. Given the time delay of over 50 years, Mr H's employment pre-dated National Insurance records and it was not possible to locate any documentary evidence about his work.
Mr H was not in touch with any of his former work-mates and we therefore had no supporting evidence regarding his employment or exposure to asbestos. Leigh Day & Co proceeded with the claim in conjunction with Blissenden lawyers in Tasmania and three months after being contacted by Mr H we obtained judgment on liability against Cape, together with an interim payment of £47,000. Less than one month later, we negotiated a settlement for damages of approximately £125,000.
Daniel Easton, who acted for Mr H said
"Mesothelioma is a devastating disease and this case really emphasised that the men and women who develop asbestos diseases have little regard for the compensation. Obtaining judgment in Mr H's case was an achievement in itself and justified in his mind that his former employers were being held responsible for the pain and suffering they have caused him. The compensation itself will undoubtedly be invaluable in helping him to pay for professional care and so that he can afford to move closer to his family."
For more information please contact Daniel Easton on 020 7650 1200.
Information was correct at time of publishing. See terms and conditions for further details.

