Asbestos Compensation Claim
Mr K was a fit and active man who enjoyed long walks, gardening, and DIY. But in 2022, his life changed dramatically when he began experiencing severe breathlessness so debilitating that even climbing stairs became impossible. Following medical investigations, Mr K was diagnosed with pulmonary fibrosis, later confirmed to be pleural thickening and asbestosis, a serious industrial disease caused by asbestos exposure.
Determined to seek justice and move forward with an asbestos compensation claim, Mr K instructed James Walsh of GA Solicitors. James is a personal injury solicitor in Plymouth with nearly 30 years of experience. He is renowned for his strategic negotiation skills and unwavering commitment to his clients.
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 K’s Asbestos Exposure
Between 1967 and 1970, Mr K worked as a roofing mason in Truro. His duties involved:
- Cutting asbestos sheeting in a timber yard
- Sweeping asbestos dust by hand
- Installing asbestos soffits and barge boards
Despite the hazardous nature of the work, Mr K was not provided with protective equipment or clothing. Decades later, this exposure led to his diagnosis and the resulting need for an asbestos compensation claim.
Legal Challenges and Strategic Advocacy
This case was far from straightforward. The defendant initially disputed liability, questioning Mr K’s employment history. However, James Walsh built a compelling case, establishing the link between Mr K’s work and his asbestos exposure.
Once liability was admitted, the defendant offered £125,000 in full and final settlement. But James Walsh, putting Mr K’s long-term interests first and having 30 years of experience in asbestos compensation claims, advised against accepting a final settlement. Instead, he recommended pursuing provisional damages, allowing Mr K or his wife to claim further compensation if he developed a more serious asbestos-related disease.
Client-Centred Negotiation
As Mr K’s health deteriorated, becoming housebound and reliant on oxygen, James took swift action to reach a settlement as part of his asbestos compensation claim. He commissioned updated medical reports, recorded a video of Mr K to demonstrate his suffering to the defendants, and requested an interim payment of £50,000 in damages for immediate care and support.
James also pursued a Lost Years claim, which compensates for the loss of financial (pension) income due to the loss of life expectancy. This was initially opposed by the defendant. Through persistent negotiation and legal research, James secured a revised offer of £166,037.73.
Still, James, due to his experience and knowledge in asbestos compensation claims, believed Mr K deserved more in terms of a settlement figure.
Final Outcome: Securing Justice
Rejecting the revised offer, James Walsh proposed a counter Part 36 settlement, citing Mr K’s severe disability and reduced life expectancy due to his proven asbestos exposure. After direct negotiations, James secured a provisional damages settlement of £191,546.80 net.
This outcome ensures that if Mr K develops a more serious asbestos-related illness or passes away due to one, he or his wife can pursue further compensation.
Why This Case Matters
This case highlights the importance of expert legal representation in industrial disease and asbestos compensation claims. James Walsh’s strategic negotiation, client-first approach, and refusal to settle for less resulted in a substantial and future-proof settlement for Mr K.
What did the client say?
James, who is an expert in this field, worked extremely hard to negotiate a very satisfactory outcome… The process was not an easy one, as the company disputed liability initially but James, with his brilliant persistence, recommended pursuing provisional damages and succeeded in getting a successful outcome for which we are most grateful.
James has nearly 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, we 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. Call 01752 203500 or email enquiries@GAsolicitors.com.
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