Dushal Mehta was instructed by Mrs T to bring a claim following her late husband's death due to mesothelioma. Mr T had been diagnosed with mesothelioma whilst living in Spain. He was not advised to make a claim and sadly died on 17 July 2011. Mrs T had to make arrangements for his body to be brought back to the UK as she had decided to move back to live closer to her family in Cornwall.
Mrs T then instructed Dushal Mehta to investigate a claim for compensation. Mrs T had limited information as to her husband's working history other than to advise that he worked as an electrician for most of his life. She was aware that he had worked for a period of time for the South West Electricity Board ("SWEB") but she had no further details.
Dushal was aware that previous claims had been made by Fieldfisher for electricians who had been exposed whilst working for SWEB. Despite providing SWEB with Mr T's date of birth and national insurance number, they were unable to locate any employment records for him. We applied for a Court Order to allow HMRC to release the late Mr T's employment history and also went about contacting historic witnesses and clients who had worked for SWEB to obtain their authority to use their witness statements in support of Mrs T's claim.
With the benefit of the witness evidence we were able to obtain from our previous clients, we were able to establish the types of duties that the late Mr T would have carried out as an electrician with SWEB. We were also able to adduce evidence of the ways in which he could possibly have been exposed to asbestos at that time. With the benefit of the statements and supportive medical evidence (after having obtained the medical records from Spain) Dushal was able to secure a settlement for Mrs T in the sum of £100,000. This was despite the absence of evidence from Mr T himself and not being able to locate any witnesses who actually worked with Mr T.
At the end of the case Mrs T went on to say:
"I would like to thank you and/or your staff for all the hard work to secure a successful case."
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