Over £50,000 in compensation for industrial contractor diagnosed with asbestosis

Mr R was diagnosed with asbestosis in September 2020 after suffering from shortness of breath and chest pains. He had worked for several companies as an industrial contractor, fixing together mezzanine flooring, gantries and shelving, which included handling AIBs.

We took over this case after several previous firms had rejected his case. Mr R is an extremely anxious gentleman who had, prior to his diagnosis, suffered from depressive episodes which had been in remission for some years. We sought an expert psychiatric opinion, which concluded that Mr R’s depressive episodes had returned, and in fact been exacerbated by, the news of (and living with) the diagnosis and disability caused by asbestosis.

The Defendant was pursued and proceedings were issued. An application was made under 6.15 CPR to serve proceedings on the insurer directly, as a lack of co-ordination or willingness to engage or nominate solicitors. An asbestos engineer’s opinion was also sought and we were able to gain an admission of liability and judgment was entered at the first court hearing (Case Management Conference).

The case settled for over £50,000, plus provisional damages. The provisional damages award means that that should Mr R go onto develop a further asbestos related illness in the future, he will be able to reopen his claim further damages. The use of expert psychiatric evidence in this case increased the damages by several thousand pounds and Mr R is now able to undergo the treatment he needs, including CBT, to manage living with his diagnosis.

It was a pleasure to act for Mr R and we wish him all the very best.