Posted by Helen Childs, Partner
Former lagger and docker receives substantial lung cancer compensation
Helen Childs recently negotiated a substantial settlement in a lung cancer case just 8 months after instructions were received and within the Claimant’s lifetime.
Mr A was diagnosed with lung cancer in 2013. He instructed Helen Childs in our Industrial Diseases team in April 2014.
Mr A was exposed to asbestos during his work as a lagger for Kitsons and Bernard Hasties in the 1950s and a docker in the London Docks for the NDLB and Scruttons in the 1960s.
Strategy and timing were crucial: as is common in lung cancer and mesothelioma cases, the claim during Mr A’s lifetime was worth considerably less than the fatal claim for his dependants after his death would have been.
It was important to Mr A however to settle during his lifetime if possible, as he did not want to bequeath a legal claim to his wife.
Helen fought hard to achieve an enhanced lifetime settlement. She issued court proceedings just four months after being instructed and pressed the defendants to negotiate. The claim was settled at a Joint Settlement Meeting with the Defendant within 8 months of being instructed. The settlement achieved was well in excess of £250,000 and very close to what the settlement for Mr A’s estate would have been.
After the settlement was agreed Mr A said: “In Helen, we found someone who we felt did not only deal with the issue in a professional and competent manner, but with the degree of sensitivity that was important to us. Throughout the case, my wife and I have become increasingly impressed with her and Royds Withy King in every aspect of the matter in hand. Her excellent handling of the technical issues was matched by her dealings with us on the emotional front.
I have been fortunate to have met and worked with many professionals during my working life; rarely, if ever, have I met anyone who has impressed me to the degree that Helen Childs has. I would have no hesitation in recommending her to anyone requiring the highest level of technical competence and client satisfaction as any such person could have complete confidence in her abilities. Equally important is her ability to put people at ease when they are almost certainly going through some considerable emotional turmoil.”
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