In 2013 Mr Elliott was diagnosed with asbestosis which is a lung disease caused by exposure to asbestos. Mr Elliot had worked as a carpenter and joiner from when he left school in 1955 for various construction companies including a large construction company called Elkingtons (Tonbridge) Ltd and he had been exposed to asbestos with a number of employers.
Prior to the diagnosis of asbestosis Mr Elliott had been fit and well. He was a member of the local rambling club and enjoyed going for walks once or twice a week. He also enjoyed cycling with his partner and taking the dog for a walk. The asbestosis affected Mr Elliott's breathing and this had an impact on his mobility and he was not able to go for long walks or cycling because he would become short of breath.
Mr Elliott contacted a local firm of solicitors but was advised that a barrister's opinion had been sought and it was their view that Mr Elliott's case lacked merits.
In November 2013 Mr Elliott contacted Fieldfisher for a second opinion. It transpired that Mr Elliott had been exposed to asbestos with 10 former employers. Extensive investigations were carried out in relation to the companies in order to ascertain their status and to identify employer's liability insurance. The claim was reported to 7 of Mr Elliott's former employers.
An expert chest physician confirmed that Mr Elliott's exposure to asbestos with his former employers had caused the asbestosis.
Mr Elliott had the option to settle the claim on a full and final basis or on a provisional basis. Mr Elliott opted to settle his claim on a provisional basis which meant that if in the future he was unfortunate enough to develop a malignant condition such as mesothelioma or lung cancer then he could seek further compensation.
Unfortunately, Mr Elliott could not recover full compensation because we had not been able to trace insurance for some of his other former employers.
In October 2015 Shaheen Mosquera settled Mr Elliott's claim on a provisional basis. Even though, Mr Elliott was not able to recover full compensation he had the reassurance that if he developed another asbestos disease in the future he could seek further compensation.
Mr Elliot said:
"You are a very hard working professional company and I know that over the last 2 years you have worked very hard with my case. I do feel that you are indeed head and shoulders above the rest. I would have no hesitation in recommending Fieldfisher to other asbestos disease sufferers."
Shaheen Mosquera is a Solicitor in the Asbestos Claims team and has been representing victims of asbestos exposure and in particular those diagnosed with mesothelioma for the last 5 years.
You can contact Shaheen by:
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Bussey decision comes too late for carpenter exposed to asbestos in 1960s London
Our most recent settlement in the case of Alan Kaszubowski sadly highlights how important the Bussey judgement was.
Asbestos rulings provide glimmer of hope for cancer sufferers
Employers can no longer hide behind a statistic that claimed to show a ‘safe’ level of exposure, which could pave the way for a wave of compensation claims, writes Peter Williams for The Times Brief.
Claimant lawyers hail landmark asbestos risk ruling
Caroline Pinfold's landmark case of Bussey vs Anglia Heating Ltd. was featured in the Law Society Gazette
Court of Appeal offers compensation hope to victims of asbestos poisoning
A landmark ruling that could pave the way for compensation for thousands of people suffering from cancer caused by asbestos.