Carpenter told by Kent solicitors he had no case recovers substantial compensation | Fieldfisher
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Case Study

Carpenter told by Kent solicitors he had no case recovers substantial compensation

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Shaheen Mosquera
In 2013 Mr Elliott was diagnosed with asbestosis which is a lung disease caused by exposure to asbestos. Mr Elliot had worked as a carpenter and joiner from when he left school in 1955 for various construction companies including a large construction company called Elkingtons (Tonbridge) Ltd and he had been exposed to asbestos with a number of employers.

Prior to the diagnosis of asbestosis Mr Elliott had been fit and well.  He was a member of the local rambling club and enjoyed going for walks once or twice a week.  He also enjoyed cycling with his partner and taking the dog for a walk.  The asbestosis affected Mr Elliott's breathing and this had an impact on his mobility and he was not able to go for long walks or cycling because he would become short of breath.

Mr Elliott contacted a local firm of solicitors but was advised that a barrister's opinion had been sought and it was their view that Mr Elliott's case lacked merits.

In November 2013 Mr Elliott contacted Fieldfisher for a second opinion.   It transpired that Mr Elliott had been exposed to asbestos with 10 former employers. Extensive investigations were carried out in relation to the companies in order to ascertain their status and to identify employer's liability insurance. The claim was reported to 7 of Mr Elliott's former employers. 

An expert chest physician confirmed that Mr Elliott's exposure to asbestos with his former employers had caused the asbestosis.

Mr Elliott had the option to settle the claim on a full and final basis or on a provisional basis. Mr Elliott opted to settle his claim on a provisional basis which meant that if in the future he was unfortunate enough to develop a malignant condition such as mesothelioma or lung cancer then he could seek further compensation.

Unfortunately, Mr Elliott could not recover full compensation because we had not been able to trace insurance for some of his other former employers. 

In October 2015 Shaheen Mosquera settled Mr Elliott's claim on a provisional basis. Even though, Mr Elliott was not able to recover full compensation he had the reassurance that if he developed another asbestos disease in the future he could seek further compensation.

Mr Elliot said:

"You are a very hard working professional company and I know that over the last 2 years you have worked very hard with my case.  I do feel that you are indeed head and shoulders above the rest. I would have no hesitation in recommending Fieldfisher to other asbestos disease sufferers."

Contact us

For further information about asbestos disease claims, please call Shaheen Mosquera on 03304606817 or email shaheen.mosquera@fieldfisher.com.

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