Posted by Simon Elliman, Partner
Posthumous settlement for the family of mesothelioma victim against Thomas W Ward Ltd
Maggie Powell of Royds Withy King Solicitors was instructed by Mrs X to pursue a claim for compensation following the sad death of her husband at the age of 67 in April 2017.
Although it was suspected in her husband’s lifetime that he had mesothelioma this was only confirmed following a Post Mortem. There was a delay in the finalisation of the Post Mortem report which unfortunately was not available until November 2017. By that stage we had already visited Mrs X and carried out the initial preparatory work on the basis that mesothelioma would be confirmed.
Mrs X’s late husband worked throughout his life in the demolition industry where he was a scrap metal burner for numerous employers including Thomas W Ward Ltd. He worked on occasions with his brother who was able to provide evidence of his late brother’s exposure to asbestos during the course of his employment. He specifically recalled that his brother was called away from the site that he was working on to deal with the Nuneaton train crash wreckage which involved the removal of trains and carriages from the site. Blue asbestos had been used for insulating the carriages which was removed and disposed of by his late brother and others working alongside him.
A letter of claim was submitted on the basis that the Post Mortem would confirm mesothelioma. Liability was admitted on the 6th November 2017, subject to proof of the diagnosis. It was necessary to obtain a Grant of Probate which was insisted upon by the insurers before an interim payment would follow. The interim payment was then made for the sum of £50,000.00 and the claim finally settled in July 2018 for £150,000.00.
Mrs X said of Maggie Powell “Well presented and detailed communication. Her service allowed minimum stress at an emotional time”.
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