Case Study Report: Mr Trevor Hainsworth – Asbestos exposure compensation claim
Trevor came to us in March 2021 several other Firms had rejected his case. He lives in Florida in the US and he told us of how his doctors had discovered a serious fibrosis on his lungs, following radiology tests.
Trevor was born and bred in York and is very proud of his Yorkshire heritage. After a few jobs and travelling to Canada, he worked in Hull and Leeds, doing electrical work, before moving back to his hometown of York to work for British Rail, at their Carriage Works on Holgate Road. Trevor’s brother-in-law worked at the Carriage Works and Trevor decided to go and work with him.
Trevor updated the rolling stock at the time, requiring him to remove the electronics from the carriages before installing the new technology. In doing this, he handled both blue and white asbestos regularly removed asbestos from the carriages. Asbestos would also be sprayed on the inside of the carriages. In Trevor’s words, “asbestos was absolutely everywhere”. Unfortunately, this was commonplace in the work that Trevor did at Holgate Road and he spent several years doing it.
He was unsurprised therefore, to be diagnosed with a serious fibrosis in late-2020. He had suffered with a cough and shortness of breath that persists to this day. He has had to live with his worsening symptoms and was keen to bring a claim against the railway for what they had put him through. Trevor is also very keen to raise awareness of the awful impact of what working with asbestos can do. Trevor’s sister passed away from mesothelioma in the 1990s, whose husband was an engineer at the Carriage Works, as well as several of Trevor’s friends and colleagues whom he had worked with at the Carriage Works on Holgate Road.
Action taken - Asbestos exposure compensation claim
We gathered Trevor’s records from the US, as well as seeking expert medical evidence and we put forward a robust case to the Defendant. Just over a month later, they admitted liability.
Efforts were then made to produce further medical evidence as well as outlining Trevor’s losses, and further documentation was provided to the Defendant and settlement negotiations began.
Outcome - Asbestos exposure compensation settlement
We settled Trevor’s case in July 2023 for a lump sum of over £40,000 but also on the condition that, should his symptoms worsen or if he goes onto develop another type of asbestos illness, we will return to the Defendant for further compensation.
Trevor was delighted with the result and had this to say:
"First Class. Probably the best lawyer I have ever used. David took on my case when other lawyers were unwilling.”
Trevor has also said:
“With the High Court decision in England ending claims for Pleural Plaques I feel it has made claims very difficult unless the illness is malignant. It is so unjust when other parts of the UK like Scotland and Northern Ireland can claim for such. I would be willing to help in any action to right this ruling brought about by greedy insurance companies.”
Trevor is pleased with his result and above all he wished for it to be noted that he has succeeded in his case against the York Carriage Works, which was responsible for so many people developing asbestos-related illnesses.
If you are diagnosed with lung cancer, asbestosis or diffuse pleural thickening, you can get a court order which compensates you for your current condition and leaves it open for you to seek additional compensation if you condition deteriorates. This is known as a “provisional damages” award and acts like an insurance policy to protect you and your family in the future. Our team of dedicated lawyers will provide you with the specialist advice to secure the court order which will get you the compensation when you need it most.
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