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Asbestos cancer claims – are insurers getting the message?

Asbestos cancer and other disease claims may be getting easier following recent case law. Here we comment on how the insurance industry appears to be getting the message and are settling claims.

Corries are Asbestos claims specialist solicitors.  Our team of lawyers are ready to help you if you have been diagnosed with asbestos disease. Call us FREE on 0800 083 7839

Read here about how it may be getting easier to make your claim for compensation. and how this might help you and your family.

Recent case law

There have been three recent cases since the turn of the year which have helped asbestos victims. Here is a quick digest.

asbestos cancer settle
Asbestos cancer cases are settling

The Hawkes case

In this failed case for a former electric blanket worker the courts referred to the long held knowledge of the dangers of asbestos. Our article dealt with this in more detail and is right here

The decision set out the importance of Factories Acts in 1937 and 1961 when the dangers of asbestos were clearly known. That case failed because asbestos could not be proved to be part of the blankets but it set out how the law should be applied.

The Bussey Appeal

The court of appeal provided it’s weight to asbestos sufferers with the decision to send back a case to be re heard for a former heating worker denied compensation. Our previous article digested both of the cases see here

This case found that the previous argument that levels given by the Factory Inspectorate called TDN 13 were not the benchmark by which cases should be assessed many years later. Taking practical and easy steps should have been done.

The Heynike decision

This third posiitve case was digested by us here

In this claim a visiting refractory worker working on other factory owners premises was able to make a claim against those owners who knew of the dangers. They could not simply pass off the liability to the man’s employers.

So what does this mean for asbestos cancer victims?

Because of these decisions we understand that  many defendant insurers, lawyers and claims staff will be taking stock. The decisions undoubtedly make cases for ALL asbestos victims more simple in the future. In addition this means that some aspects of the case should now be abandoned by defendants. Settlements should be quicker and easier – we hope!.

For a claim for compensation to be successful we need to show:-

  1. That the person was owed a duty of care – these cases clearly show this and then;
  2. That there has been a breach of duty – the cases lay this out in explicit detail and then;
  3. That damage has been caused- defendants may still dispute a diagnosis but if you have supportive evidence then your case has a fighting chance of success.

Getting over the first and second hurdles been difficult in recent times. The recent cases make that much easier..

The three cases combined give a clear message to defendants that the courts are looking more compassionately at these cases. Defences about modest exposure to asbestos which had been run aggressively by insurers since 2011 now are washed away.

What is Corries experience with asbestos cancer?

At Corries we are seeing that this message is getting home. We have had a number of long-standing cases for mesothelioma and other conditions awaiting these decisions. Admissions and attempts to discuss the cases are starting to make progress..

Comment

Corries Director, Solicitor and Manager of the asbestos team commented

“Cases for asbestos related cancer are routinely fought very hard by defendants.  However since the three decisions this year I have had a number of argued cases now looking to settle.

It seems to me the insurers are getting the the message and realising that the game is up.  I applaud those insurers looking at these cases sensibly and invite all defendants to take the same approach. We can work together and  agree settlements for these long-suffering victims of asbestos disease. Let us hope that ALL victims and their families finally get the compensation they deserve.”

Know a family member or friend affected by asbestos disease?   Corries are currently running a national advertising campaign to try and encourage victims to claim or join our pleural plaque register.

Call our specialist asbestos team now FREE on (0800) 083 7839. We are happy to talk to you for FREE on a no obligation basis. If we cannot help you then we shall tell you..

 

 

 

Client Testimonials

£28,000 Awarded

Gloria Langton

“I don’t think I could have coped without you and your professionalism especially on the day of the final inquest which was particularly harrowing for me. Your kindness and patience towards my father whilst he was ill was also very much appreciated.  I have and will continue to recommend you to friends, colleagues and family for your services.”

 

£19,000 Awarded

Ms Meakin

“I am very happy that this claim is now finally settled and thank you so much for the service you provided. It was exemplary. And you have been most patient with my numerous phone calls.”

£118,000 Awarded

Ms F Johnson

“I would like to thank you for your kindness to my Mother Marion Harrison during the last months regarding the claim against the MOD due to Roy’s untimely passing. Roy was one of the finest men I have ever known. Mum has appreciated all your efforts and expertise on her behalf. Thank you.”

£90,000 Awarded

Mrs V Rogers

“On behalf of Adrian and myself I would like to thank you very much for your help and endeavours to reach this satisfactory outcome.”

£22,500 Awarded

Mrs Andrews, Hertfordshire.

“I am delighted to confirm receipt of our cheque concluding our case. Thank you so much for your support throughout the process. I have really appreciated your balanced guidance and sensitivity which gave me the confidence to pursue the claim. Hopefully we won’t need your services again but if we do we will certainly be in contact! So thank you again and wishing you every success in the future.”

£55,000 Awarded

Charles & Ann Parker, Bracknell.

“Ann and I want to thank you very much for all your hard work in the successful conclusion of my case. It has been a great pleasure, once again thank you for everything”

£1,024 Awarded

Pamela Tegg, Southampton.

“I thank you most sincerely for all the effort you put in on my behalf. I hope your employers are proud of the fact you work so efficiently and to such high standards.”

£9,000 Awarded

Keith Aston, Bristol.

“Thank you for the cheque for £9,000 in settlement of my claim. Fingers crossed there will not be any further accidents; however I would like to thank you for the professional manner you dealt with my accident claim. The most important part of a solicitors job is communication and I must thank you for the way you kept me updated on what was going on.”

£130,000 Awarded

June Abbott, York.

“Thank you for handling Peters claim and getting settlement.”

 

£20,000 Awarded

Anthony Richards, Hull.

“It was always nice talking to you. You were always there! And made me feel secure and important for the few moments.”

 

Tel: 0800 655 6550 | Fax: 01904 527431 | advice@corries.co.uk

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