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29 January 2021 | Case Study | Article by Richard Green

Case Study: Mr L secures his future financial stability through damages claim

Mr L instructed Hugh James in early 2020 following his diagnosis with diffuse pleural thickening, which is a thickening of the lining of the lungs, caused by exposure to asbestos dust.

Mr L was exposed to asbestos dust whilst working as a carpenter, during which time he was required to cut asbestos sheeting to size using a circular saw. The process generated clouds of asbestos dust which Mr L was unable to avoid inhaling. Although his employer ought to have known of the risks posed by asbestos exposure, Mr L was never warned of the dangers of asbestos dust, nor provided with any protective equipment.

Mr L’s former employer’s solicitors accepted that the employers had therefore breached the duties which they owed to Mr L, but reaching a settlement agreement was complicated as Mr L had later been exposed to asbestos dust whilst working for a second company, which had since been dissolved, and for which no insurance could be traced. The solicitors acting for Mr L’s former employers argued that a significant reduction should be made to Mr L’s damages to reflect this period but, through negotiations, we were able to persuade them to accept a smaller reduction in respect of the same.

As Mr L is unfortunately at risk of developing further asbestos diseases in the future, the agreement reached allows him to return to court for a further payment in the unfortunate event that this risk materialises or his current condition deteriorates.

If you, like Mr S, have developed an asbestos related illness then contact Hugh James’ Asbestos Disease team today, as they may be able to help.

Author bio

Richard is a Partner and head of the asbestos litigation team. Richard specialises in asbestos-related disease claims and has recovered millions of pounds in compensation for his clients.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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