In early 2010, Mr A noticed that he was starting to feel breathless; previously being in good health. Following his diagnosis with asbestosis, Mr A’s condition deteriorated dramatically and by the summer of 2010 he was on oxygen at home for approximately 16 hours a day.
He required assistance with his day to day care needs; including help washing his feet and getting dressed. Mrs A and her daughter had to take over the housework. In early 2011, Mr A required help going to the toilet and was unable to go up and down the stairs at home. Mrs A decided to sleep with her husband downstairs and was unable to leave her husband’s side at any time during the day as he required 24 hour care. Sadly, in March 2011 Mr A passed away.
A post mortem was required to establish the cause of Mr A’s death and it was concluded that Mr A died of bronchopneumonia to which he was predisposed by his asbestosis which was a material contributing factor to his death.
Dushal obtained supportive medical evidence for the claim and the medical expert concluded that the asbestosis had accelerated Mr A’s death by 3.75 years. Dushal brought a claim for Mrs A against all of the companies that had insurance at the time that Mr A worked for them. Unfortunately, some of the companies did not have employers liability insurance at the time Mr A was working for them and as they were no longer in business Dushal was unable to recover damages from them for contributing to Mr A’s death. However, Dushal was able to negotiate a settlement for the family against those companies that were still trading or had insurance at the time.
We were able to trace them using the extensive database of insurers that Fieldfisher has maintained over the last 30 years. The settlement will provide Mrs A with some financial security for the future.
After the case had concluded, Mrs A's daughter said:
"Dushal was absolutely brilliant. He was there every step of the way; before my dad passed away and after. Dushal was thoughtful, explained everything thoroughly and always kept us informed. We couldn’t have done anything without him."
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