£180,000 Awarded In Asbestos Exposure Claim
A recent case completed by our expert asbestos and industrial disease team demonstrates that it is never too late to consider and make an asbestos exposure claim.
Throughout his life, Mr G was described by his loved ones as an active person. He would always be doing some form of DIY, whether that be inside or outside, and enjoyed walking his dog regularly. In or around 2022, Mr G’s health began to deteriorate, and he began suffering from increased breathlessness and tiredness until, eventually, he was unable to even get out of bed unaided.
At the start of this asbestos exposure claim, Mr G approached James Walsh of GA Solicitors in 2022 after receiving a diagnosis many years earlier of asbestosis in late 2016, which is an industrial disease caused by asbestos exposure. James is a personal injury solicitor in Plymouth with 30 years of experience in asbestos litigation. He is renowned for his strategic negotiation skills and unwavering commitment to his clients.
Sadly, due to his deteriorating health from his asbestos disease, Mr G passed away during the compensation claim and his wife, Mrs G, continued the claim on his behalf as the widow and administrator of the estate.
What Is Asbestosis?
Asbestosis is a chronic lung condition caused by long-term inhalation of asbestos fibres. These fibres, once widely used in construction and manufacturing, embed in the lungs and cause inflammation and scarring. Symptoms typically appear 15 to 50 years after exposure and include:
- Shortness of breath
- Persistent dry or phlegmy cough
- Chest tightness
- Chest pain
- Wheezing
- Fatigue and weight loss
Mr G’s Asbestos Exposure
In April 1970, Mr G began working as a heating fitter in Norwich. His work would include servicing boilers in schools, but also in other public and Council buildings. This included the Norwich main Library and the City Hall.
The locations in which Mr G would frequently work were in the boiler room, usually located in the basements. Mr G would recall the basements being full of dust with poor ventilation. The pipes were lagged with asbestos that would be mostly falling off, making the atmosphere dusty as the asbestos hung in the air.
The asbestos lagging would have to be broken off from the pipework with his hands or a chisel if there had been a leak. His job would include knocking asbestos off of the boilers with a chipping hammer in order to gain access. Mr G would then, once the leak was rectified, mix and slap new asbestos lagging back onto the exposed pipework.
Throughout the entirety of his career, Mr G was never provided with protective equipment or clothing, nor was he warned of the dangers that exposure to asbestos may bring.
Legal Challenges
This asbestos exposure claim had one apparent complication from the outset of instruction, and that was limitation. Mr G was admitted to hospital with pneumonia in late 2016, and a finding of asbestosis was recorded in his medical records unbeknownst to him. Under the Limitation Act, normally one only has 3 years from the date of knowledge of a disease to issue court proceedings. By the time of the instruction in 2022, it was potentially too late.
However, this did not deter James Walsh from considering if there was any possibility for a successful asbestos exposure claim. Having spoken with Mr G, it was explained that the original reason for admission to hospital was due to a fall, and as he was in a lot of pain with pneumonia, he described his time there as a “blur”.
Mr G was adamant that he had no memory of being told that he might have asbestosis, and even so, would not have understood the implication of his condition at that time without further explanation. Following his hospital admission, Mr G had seemingly recovered from the symptoms he was presenting, so will not have reasonably been under the impression that he had a life-altering illness.
The Defendants, of course, raised limitation as an issue after the asbestos exposure claim was issued in Court, to which James rebutted with the view that, based on lack of knowledge and disability/symptoms until recently, limitation is not an issue. Additionally, the time that has passed will not have prejudiced the Defendant’s position, given the already considerable number of years since the exposure. Mr G would have thought significant prejudice if he was not able to bring the claim, and the Court ought to apply a discretion which they are allowed to do so under s.33 of the Limitation Act.
For this reason, there was much back and forth between James Walsh and the Defendant, whereby the first offer to be “put on the table” was that of £40,850.00 in full and final settlement. This offer was considered to be on the low side despite the litigation risks that the limitation defence would succeed.
Negotiation Tactics
James Walsh considered the first offer of settlement to be too low, considering the medical issues and subsequent untimely death of Mr G. The deterioration of his health only accelerated, going from full mobility to using a walker with wheels, to not being able to get out of bed unaided. Towards the end of his life, Mr G had to relocate into his dining room, where his beloved wife would remain with him in his hospital bed until his sad passing.
The pain, loss, and suffering that Mr G went through in his lifetime was not proportionate to the sums offered, so James Walsh took swift action to negotiate a fair settlement that considers all of the above ailments, and the loss of life that his wife would never get back. The provision of compensation for dependency, care and assistance, bereavement damages, and funeral expenses were also taken into consideration when quantifying the value of the asbestos exposure claim.
Resolution
Eventually, after much back and forth, James negotiated a settlement for the sum of £180,000.00 net of benefits outside of Court proceedings, which were listed for trial in early 2026. This allowed for the family to not have been put through the stress of the Court process, the removal of litigation risk of the limitation defence, and a reduction in the costs of the case.
This outcome ensures that Mr G’s family are well looked after following his tragic passing, which is all that he wanted from the outset of this claim.
Why This Case Matters
This example of a successful asbestos exposure claim highlights the importance of expert legal representation in industrial disease and asbestos compensation claims. James Walsh’s client-focused negotiation and refusal to settle for less resulted in a substantial and life-changing settlement for Mr G’s family.
What did the client say?
“I am very pleased to say James Walsh kept us up to date with all details however small connected to our case. James worked very efficiently in getting all the relevant details necessary to build a very strong case for our claim. GA Solicitors should be very proud to have James Walsh working for them.” – Mrs G
“We have recently been successful in receiving a claim for damages for my now deceased father-in-law through GA Solicitors. The process was long and at times very difficult but I would like to sincerely thank James Walsh for supporting us on this journey. Right from the onset, James explained the lengthy process so we were very aware of what we faced. He was understanding of our situation and kept us updated regularly and we felt we could completely trust James for guidance and support.” – Mr G sister-in-law
James has 30 years of experience in dealing with asbestos compensation claims and is accredited by APIL (Association of Personal Injury Lawyers) as an asbestos specialist and Fellow. At GA Solicitors in Plymouth, our industrial disease and asbestos claim solicitors fight not just for compensation but for justice, dignity, and peace of mind.
If you think you might have been exposed to asbestos, whether this be direct asbestos exposure or secondary exposure, please get in contact with our specialist asbestos and industrial disease team today who can help you explore the possibility of an asbestos exposure claim. Call 01752 203500 or email enquiries@GAsolicitors.com.
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