Posthumous settlement includes lost foster care income and future care needs for widow

HASAG helped Simon to secure government benefits and also secured him £140,000 from the Veterans Agency since he had worked for the Merchant Navy. Dushal then pursued a further claim for Simon and his family.

Simon and his wife Kim* had one son, Peter* and also fostered children for more than 25 years. At the time of the diagnosis, they were foster carers for an adult with special needs.

Due to Simon's poor health, they had to make the very difficult decision to notify the local authority that they were unable to continue fostering. Simon had also been Kim's primary carer, which became increasingly difficult as his illness progressed. They decided to move to a smaller retirement home closer to Peter and his family for support in addition to the professional care provided to Kim.

Dushal secured an early admission of liability from the defendant. Simon opted to settle his claim posthumously to include the costs for Kim of lost services and for her own future financial losses owing to Simon's illness and death.

Prior to his diagnosis, Simon had performed all the household tasks, the driving, cooking and DIY. Kim had suffered with renal cell cancer and was suffering with orthopaedic issues affecting her mobility. Her mental health was also in decline. As a result of the mesothelioma, their properties abroad had to be sold.

Unfortunately, the defendants did not engage in meaningful settlement negotiations until very close to trial, listed for June this year.

Peter had been willing to settle his mother's claim for £400,000 a year earlier, but the defendant failed to accept or make a meaningful offer, meaning Peter was willing to go to trial. The defendant then had to pay damages above the true value of the claim to avoid going in to Court. Minutes before the trial was due to start, they offered £480,000 which Peter accepted on his mother's behalf.

As part of the settlement, Peter recovered all the expenses incurred prior to his father's death including the moving costs, travel abroad to attend to foreign property sales, care for his father and the loss of income due to the lost foster placement.

Expert evidence addressed how long Simon would have been able to care for Kim and also on her deteriorating future health when nursing care would be required. The additional care and services costs were calculated by a care expert to value Kim's lost services due to Simon's passing. The defendant's expert in fact wrongly considered the replacement services on a gratuitous basis.

The settlement will allow Kim to remain in her retirement home and be cared for by professional carers when needed, including a move to a care home. Peter and his family also continue to help care for her.

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For further information about mesothelioma claims, please call Dushal Mehta on 03304606751 or email dushal.mehta@fieldfisher.com.

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