Boyes Turner’s asbestos claims team were instructed by the daughter of a gentleman who had died from lung cancer and asbestosis on Christmas Day 2011, following exposure to asbestos whilst employed as a pipe fitter.
The family had limited information about the gentleman’s asbestos exposure and so a witness appeal was placed in a local newspaper, asking for people to come forward who could help.
Boyes Turner were overwhelmed by the response and, thanks to the information provided by those responding to the appeal, claims were submitted to five of the gentleman’s former employers – the Ministry of Defence, BP, CA Parsons, Kellogg and George Wimpey.
The gentleman had been a smoker but supportive medical evidence was obtained confirming that the majority of his risk of lung cancer had come about as a result of his asbestos exposure. However the insurers of the companies pursued raised an argument that the combined risk of his smoking history and asbestos exposure meant that there should be a significant deduction for his smoking history. Boyes Turner disputed that a significant deduction was appropriate in the circumstances of this asbestos related lung cancer claim.
Although liability was never formally admitted, negotiations ensued for the settlement of the claim and resulted in a satisfactory offer being accepted by the client.
