Irwin Mitchell Solicitors have successfully recovered a substantial compensation payment of £173,000.00 for the widow of Mr W, a deceased mesothelioma sufferer. Mr W worked for Birmingham Railway and Carriage Company based in Smethwick in the West Midlands. He was employed by the company between 1960 and 1961 working as a coach painter, finishing the exterior of the coaches.
In his evidence Mr W recalled that the carriages were insulated with asbestos which was sprayed on to the interior before he and his colleagues had to work on the carriages. He was exposed to asbestos dust both in rubbing down the edges of the asbestos to undertake his work and also from the dust generated from workers chipping away at the insulation within the carriages, as they fitted the interior of the coach. Mr W was never informed about the dangers of working with asbestos and sadly, he had been shocked when he was informed that he had developed asbestos related disease, mesothelioma.
Mr W instructed Irwin Mitchell Solicitors during his lifetime. Irwin Mitchell were able to obtain an admission of liability and an early interim payment of damages. Mr W decided to let his family conclude his case after his death as, on the facts of his case, it was much more valuable for his family to settle the claim on his behalf than an equivalent lifetime settlement. Irwin Mitchell concluded the claim with Birmingham Railway and Carriage Company’s insurers, Royal and Sun Alliance, in December 2010.
Iain Shoolbred, an Associate Solicitor in Workplace Injury Specialist in the Birmingham office, who acted for Mr W, said:- “I was very pleased to have concluded the claim for Mr W’s family. Mr W was a very pleasant gentleman and, in the circumstances, had sensibly chosen to let his family conclude the claim on his behalf. We were able to obtain an admission of liability and an interim payment to give him peace of mind, which also allowed us to conclude the claim on behalf of his estate and recover significant additional compensation for his family.”
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