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10 March 2021 | Case Study | Article by Richard Green

Case Study: Mr S secures a future financial agreement against his former employer


Mr S instructed Hugh James following his diagnosis with diffuse pleural thickening, which is a thickening of the lining of the lungs. Asbestos exposure is one known cause of this condition.

Mr S had been exposed to asbestos dust when working for a building company on the construction of new build houses. Asbestos was a commonly used building material at the time, and Mr S was exposed to the dust and fibres released when the asbestos was cut to size, and then drilled into so that it could be fitted into place.

Medical evidence was obtained confirming that Mr S had developed diffuse pleural thickening and that this was likely caused by his exposure to asbestos whilst working for the building company. Unfortunately, the company has since been dissolved, but Hugh James were able to trace a policy of insurance which covered part of Mr S’s employment there.

A letter detailing our allegations was accordingly forwarded to the insurers, together with a statement from Mr S setting out his asbestos exposure whilst working for the building company, and our medical evidence. At this stage, the insurers advised that they would not be defending the claim and were instead prepared to enter into settlement negotiations with us.

As the insurance policy did not cover the full duration of Mr S’s employment with the building company, his damages had to be reduced, but we were still able to negotiate a five figure settlement sum for him. The settlement reached entitles Mr S to return to court for a further payment in the unfortunate event that his condition deteriorates, or he develops a further asbestos related illness and, despite delays caused by covid-19, settlement was reached within one year of our instruction in this matter.

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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