Case study

Provisional Damages Claimant Secures Additional £160,000 Compensation

After originally settling his asbestos compensation claim in 2020, our client, Mr. E, faced a decline in his respiratory health. Fortunately, because his initial claim was settled on a provisional damages basis, he was able to seek further compensation for his worsening asbestos-related condition.

Mr. E reconnected with his solicitor, James Cameron, who initiated a new case and successfully obtained a substantial additional compensation payment to support him through this challenging period.

Settling the Initial Claim against Beeston Boilers Limited

Mr. E had been diagnosed with benign asbestos-related pleural effusion and diffuse pleural thickening due to asbestos exposure while working at Beeston Boilers Limited (later known as Colombo Limited). He worked in a factory environment where asbestos lagging was removed from pipes, causing the air to be thick with asbestos dust.

A medical report supporting Mr. E’s claim indicated he was 45% disabled, with 25% of this due to asbestos-related diffuse pleural thickening. Although the Defendant offered a full and final settlement, Mr. E’s solicitor recommended a provisional damages settlement. Mr. E accepted this advice, which allowed him to return for further compensation if he developed mesothelioma (an asbestos-related cancer) or if his asbestos-related respiratory disability worsened by at least 15%, bringing his total respiratory disability to 60% or more.

Return Claim

In 2021, Mr. E reached out to his solicitor again due to worsening breathing difficulties. Further medical evidence confirmed that Mr. E’s respiratory condition had deteriorated significantly, now leaving him 75% disabled, with 45% attributed to asbestos-related diffuse pleural thickening. We approached the Defendant to request further compensation for this substantial increase in Mr. E’s respiratory disability.

Additionally, we obtained evidence from a care expert to account for the increased care needs resulting from Mr. E’s heightened disability. This included both past and future care provided by professional caregivers and the gratuitous care given by his family.

The return claim was settled at a Joint Settlement Meeting with the Defendant, again on a provisional basis, resulting in a considerable compensation payment for Mr. E – over three times the amount recovered in his initial pleural thickening claim. He also retained the right to claim again if he develops mesothelioma at some point in the future. While we hope Mr. E does not experience further health deterioration, he has the assurance that he can seek additional asbestos disease compensation if such misfortune occurs.

If you need help pursuing a pleural thickening claim or believe you have a valid claim for another asbestos-related disease, please contact us today on 01244 312306. Alternatively, visit our Contact Us page, fill out the form, and we will get in touch with you.

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