£225,000 in compensation secured for former British Rail worker exposed to asbestos

Mr Marks worked for British Rail as a vehicle builder in the 1970s and 80s at the carriage works in Eastleigh. He was exposed to asbestos dust and fibres when asbestos was sprayed onto the train carriages. Mr Marks was working nearby and was offered no protection.

In December 2019, Mr Marks was diagnosed with asbestosis after noticing symptoms of breathlessness and weight loss. From this point on, Mr Marks suffered tremendously with his health. He lost a considerable amount of weight and struggled with breathing, making walking anywhere difficult.

Mr Marks’ illness had an awful impact on him and his family. Before his diagnosis, Mr Marks had led a very active lifestyle, enjoying walking and gardening. However, from the diagnosis, Mr Marks struggled with day-to-day tasks, finding it difficult to wash, dress and generally take care of himself. He sadly lost all his drive and motivation.

He sadly passed away in July 2021 after suffering a cruel last few months of his life. Towards the end of his life, Mr Marks was totally bed-bound and could not mobilise without assistance. Mr Marks left behind his wife and two adult children who were devastated at the loss.

We were contacted by Mr Marks during his lifetime and pursued British Rail for damages. We took valuable witness evidence from Mr Marks just as he was becoming increasingly unwell, and when Mr Marks sadly passed away, we secured further witness evidence from his family.

We sought expert medical opinions which concluded that the asbestosis had left Mr Marks severely disabled, and essentially robbed him of at least 7 years of his life.

In October 2022, British Rail admitted liability in the case and we were able to negotiate £225,000 in damages for the family.

Whilst no amount of money can truly compensate for the loss of a loved one, we hope this settlement has given Mrs Marks financial security for the future

We wish to extend our deepest condolences to Mr Marks’ wife, children, and all the Marks family, and wish them all the best.

The Marks family were happy that justice had been done, and they had this to say:

On behalf of all the family, we wanted to thank David and Nadia for everything that you have done for all of us but especially for Dad.

From the first moment I contacted you, you put us at ease and held our hands throughout this traumatic time in our lives.

I will always remember Dad’s face when you came to chat with him and the care that you gave to him. He felt truly relieved that someone, other than his family, really did understand his pain and the misjustice he felt about a normal man going to work to provide for his family being exposed to this dangerous substance and the subsequent consequences. I know that he would be overwhelmed with the outcome of this case and so happy that Mum will be looked after financially for the rest of her life.

We are also forever grateful not just for your professional guidance and regularly keeping us updated on how the case was progressing, but also for the personal phone calls to check up on us just prior to and after Dad’s death, and for your last visit when you came to speak to us and sensitivity you showed us.  It really did mean so much to us all.

‘Thank you’ really does not seem to cover how we feel but I am grateful that when another family are facing such difficulties, there are people like you around to help them.