Widow recovers compensation for care and accessibility after husband’s death from mesothelioma.

We were instructed by a client who had been diagnosed with mesothelioma after working for Vaughan & Blyth Limited in the 1960s.

Vaughan & Blyth, a firm of builders, employed our client to carry out various building and refurbishment works throughout the Colchester area during his youth. We obtained medical evidence to confirm the diagnosis and proceeded to raise a claim with the defendant. In cases like this, it is common for claims to proceed against the company’s historic insurer. However, as no insurance could be located for Vaughan & Blyth, the claim had to proceed directly against the company itself.

Vaughan & Blyth heavily defended the claim, denying both that they had ever employed our client and that they undertook the type of building work he described. However, all the evidence indicated otherwise. Disclosure from HMRC confirmed our client was employed by Vaughan & Blyth, and we also obtained independent witness evidence from an individual who had worked at one of the sites where our client had carried out building works during the 1960s.

Despite our efforts to reach a settlement in a reasonable timeframe, the defendant continued to defend the case without merit.

Tragically, our client passed away during the course of the proceedings. His widow, who had suffered from mobility issues for most of her life, took up the case on his behalf. The deceased had been her full-time carer, and following his death, professional carers had to be brought in to assist her. She also had to consider alterations to her home, including the installation of a downstairs bathroom, as she was no longer able to manage the stairs without his help.

We continued to press the defendant in the hope of settling the case amicably, and as the matter proceeded toward trial, we undertook further work, including securing additional witness evidence and preparations for five-day trial in the High Court.

Weeks before the trial was due to commence, the defendant’s solicitors made an offer to settle. After further negotiations, we were able to secure a significant six-figure settlement for the widow.

She has not only obtained justice for her late husband but also achieved financial security for her future, enabling her to make the necessary arrangements for her care and adapt her home to meet her needs.

The widow of the deceased had this to say about our team:

“David Hughes and his team were very professional at all times. David always kept me up to date with everything that was going on and always acted in a gentlemanly manner – very professional and helpful to me at all times”

We extend our deepest condolences for the loss of her husband and wish her all the very best for the future.