Case study

Mesothelioma Claim Success for Labourer Exposed to Asbestos 

We successfully claimed compensation in an urgent mesothelioma claim for Mr. B, who was diagnosed with this terminal asbestos-related cancer in January 2024. 

Exposure During Construction Work 

Mr. B’s asbestos exposure occurred during 1969/70, while working as a labourer for a small building firm, H W Poulton, in Drayton. Over a 6-month period, he worked on various properties where he was instructed to remove asbestos lagging and cut asbestos sheets alongside carpenters, all without protective equipment. 

Despite the business not being a limited company, we were able to trace the employer’s liability insurance from the time Mr B worked for them, a crucial step in securing the claim. 

Overcoming Challenges in Diagnosis 

Due to Mr. B’s poor health, he was unable to undergo a pleural biopsy to confirm his mesothelioma diagnosis. Instead, we relied on the expert opinion of Dr. R. M. Rudd, whose medical report concluded with over 90% certainty that Mr. B was suffering from mesothelioma. 

Despite this strong evidence, the defendant insurer initially refused to settle the claim. Court proceedings were therefore issued, and, due to Mr B’s diagnosis, we requested an expedited trial. At the first hearing, judgment was secured, and an interim payment of £50,000 was made to Mr. B to provide immediate financial relief. 

Swift Action Leads to Substantial Settlement 

Thanks to the expertise and determination of our specialist asbestos solicitor, James Cameron, the case was advanced with speed and professionalism. A trial on the value of the claim was scheduled just weeks after proceedings began. Facing significant pressure, the Defendant settled the claim before trial for £205,000, bringing the case to a successful resolution within eight months of instruction. 

We Can Help You Too 

This case highlights that it’s possible to secure substantial compensation for mesothelioma claims, even without a biopsy-confirmed diagnosis. If you or a loved one have been diagnosed with mesothelioma or another asbestos-related disease, we’re here to help. Contact us today on 01244 312306 or visit our ‘Contact Us’ page to get started. Let us fight for the justice you deserve. 

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