In 1992, Fieldfisher settled Mr S’s claim for asbestosis. He had been employed by several lagging firms between around 1948 to the late 1960s, the last being Dick’s Eagle Insulations Limited.
Sadly, Mr S and his wife both died in their 80s in 2013. They left behind an adult daughter C and her brother W who lacked capacity to manage his own affairs and had been cared for by his parents his whole life.
Following their parents’ death, C moved into the family home to continue caring for her brother.
Tragically, later in 2013, C was also diagnosed with mesothelioma, caused by asbestos dust brought home by her father on his clothes from when she was born in 1951 to around 1967 when her father stopped working for Dicks.
She contacted Andrew Morgan for advice and having read the papers from her father's claim, he saw clear evidence that C was exposed to asbestos for around 16 years and that exposure in 1966 and 1967 would probably have been negligent.
Dicks had not traded for many years, had no assets and was not subject to employer's liability insurance since this was not an employment case. Having brought previous claims against the company, however, Andrew knew Dicks was backed by another company and advised making a claim.
Sadly, C died in 2014 but the claim continued when her adult sons, W’s nephews, got in touch. They had meanwhile devised a rota to look after W at his family home.
Andrew took statements from the nephews and other relatives who had provided help and support. He obtained medical evidence and evidence about the value of care provided to W in the past and the cost of his future care in the future.
W’s life expectancy was strongly disputed, so Andrew took financial advice about using any lump sum payments to buy an annuity to cover the cost of care. Trial was set for November 2019.
Andrew arranged a joint settlement meeting with the other side in September 2019 and instructed Steven Snowden QC and barrister Niall Maclean to conduct negotiations. Following a hard-fought day, the team negotiated settlement of £985,000 to provide for W’s future care needs.
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