Mr Aikman worked as a miner in the UK for 13 years. He emigrated to Australia and died in 1996.
His widow brought a claim under the scheme that was set up to compensate miners for exposure to coal dust whilst employed by the National Coal Board.
Mr Aikman had developed chronic obstructive pulmonary disease as a result of working in the mines from 1948 to 1961.
The solicitors appointed by Mrs Aikman in 2004 failed to ensure the case progressed properly and, partly because she was living in Australia, failed to keep her fully appraised of what was required to ensure the case was successful. In 2007, before the case was concluded, Mrs Aikman died and the claim was taken over by her daughter.
Under the scheme certain steps had to be complete by certain dates otherwise the claim was struck out.
In this case the former solicitors failed to get the probate documentation filed before the appropriate date and the Claim was struck out, meaning Mr Aikman's family did not receive the compensation they should have been entitled to.
The Claimant's daughter came to Irwin Mitchell's Professional Negligence Team to pursue a claim against the solicitors who failed her and her mother in this case.
The Leeds based team were able to secure an award of damages equivalent to the full amount that would have been paid under the scheme to Mrs Aikman and also included an award for the probate costs that were incurred in relation to the case.
If you or a loved on has suffered a respiratory disease due to work, our specialist industrial disease claims team could help you to secure compensation.
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