We acted on behalf of “our client” who is a man of 64 from Liverpool. He previously worked for the Defendant as a gunnite specialist. His job involved carrying out high-powered cement spraying related duties on various contracts. His work brought him into close proximity with asbestos lagging. He worked around various workers who were involved in stripping off and removing asbestos lagging at chemical factories, power stations, etc.
Supportive medical evidence and statements from a number of our client’s former workmates were urgently obtained. Proceedings were started using a specialist fast track for urgently dealing with mesothelioma claims. A court order was made that unless the Defendant produced evidence that it was not negligent by a certain date then judgment would be entered for the Claimant. The Defendant was unable to produce any such evidence and judgment was entered with interim damages paid.
An interesting issue in the case is that our client maintained that he would have worked until the age of 70 either in his current capacity as a postal worker or in an alternative position. A few years ago loss of earnings claims past the age of 65 may have been very contentious but as a result of new legislation concerning age discrimination, change in demographics and problems with pensions, it is becoming increasingly common for individuals to work past the age of 65. The Defendant made an initial offer which was refused and following further negotiations, a significantly improved offer was made which the Claimant accepted a couple of weeks before the trial. Judgment was entered for our client in the gross amount of £181,914. He has to give credit for certain benefits and payments that he has already received from the government.
Background
Mesothelioma is an asbestos-related cancer that affects the lining around the lungs (the pleura) and certain other organs such as the peritoneum. There is no cure for mesothelioma. Radical surgery is available to a limited number of eligible patients. The condition can be difficult to diagnose and patients generally survive less than 18 months from diagnosis. The only known cause of mesothelioma is asbestos. Mesothelioma often occurs 30 to 40 years after asbestos exposure, with no upper time limit. Although mesothelioma is an occupational disease, victims include teachers, nurses, doctors, shop workers and family members of people who have worked with asbestos.
About John Pickering and Partners LLP- Specialist mesothelioma compensation solicitors
John Pickering and Partners LLP is a niche legal practice that has represented Claimants in the leading asbestos "test cases" in the last ten years. The firm represented Sylvia Barker in Barker v Corus (UK) Plc, a case that highlighted the legal tactics of employers and insurers trying to cut back their compensation liabilities to mesothelioma sufferers, and which prompted the amendment of the Compensation Act 2006 to ensure full compensation for mesothelioma claims. The firm represented two of the three Claimants in the Fairchild appeal, in which the insurance industry tried unsuccessfully to block compensation altogether for mesothelioma sufferers unable to identify which of two or more sources of asbestos exposure had caused their illness.
The firm represented Alice Jefferson, a mesothelioma sufferer, whose illness and compensation claim against Cape Asbestos were featured in the important documentary "Alice: A Fight For Life." Shown by Yorkshire Television in July 1982, the programme was an important catalyst for legal change and public awareness of the plight of the victims of asbestos.
If you need advice about an asbestos related illness, contact us now for information about making a claim for compensation.
Further information:
Kevin Johnson, Partner
John Pickering and Partners LLP
19 Castle Street
Liverpool
L2 4SX
Telephone: 0151 227 1214
E-mail: kj@johnpickering.co.uk
Website: www.johnpickering.co.uk
FREEPHONE: 0800 854201
www.mesotheliomaadvice.co.uk
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