1 Proud Sponsors of Mesothelioma and asbestos claims 2013 marks the 30 year anniversary of Field Fisher Waterhouse helping those with Asbestos Disease. We have recovered close to 200 million for victims of asbestos disease from all over the UK and overseas We have established a database of over 2000 companies we have previously sued. This helps new clients who contact us today We only act for victims of asbestos disease and conduct cases on no win no fee basis. "Head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 Directory of leading law firms nd Asbestos Freephone
2 Introduction Contents How we work with you Case study: 400,000 for ex-railway man from Cornwall The legal steps explained Case study: Case win for electrician in Multi Defendant action Our charity work Meet the team We are here to help... Field Fisher Waterhouse has acted on behalf of claimants in asbestos cases for over 30 years. At Field Fisher Waterhouse we understand what a difficult time patients and their families may be going through when there is a diagnosis of an asbestos related disease. Our clients have the right to compensation for a terrible illness which they have contracted through no fault of their own, but through the negligence of their employers and others. We have recovered nearly 200 million for our clients and concluded over 2,500 successful cases. Our lawyers are renowned for their expertise, their commitment and the care they take in such sensitive situations. The three partners here each have over 20 years experience in acting almost exclusively for clients suffering from mesothelioma and other asbestos diseases. We have been instrumental in changing the law for the benefit of victims both at Government level and through cases in the House of Lords. Cases conducted by our partners have resulted in changes to the law to allow hospices to recover the cost of looking after mesothelioma patients from those who we sue on their behalf. We deal with cases very quickly, with minimal fuss and disruption, allowing clients to focus on enjoying time with their families. You only have to read the quotes from our clients and from the independent legal directories to know that we work quickly and compassionately to win the best settlements that our clients deserve. If you would like to discuss a mesothelioma or asbestos claim, or you would like more information about the legal claims process, please call me on or
3 Freephone How we work with you In a class of its own for disease cases The Legal 500: Directory of leading law firms 2 Caring for our clients Our clients come first and we will do everything in our power to make the claims process as easy as possible. We will visit you at home and ensure that you get the best settlement possible. Peter Williams obtained compensation for Jean Ambrose who had been turned down by two other law firms. He negotiated a settlement for Jean, whose husband had died Caring from mesothelioma. Leading the way We recovered the first award of annual payments for the widow of a mesothelioma victim, known as periodical payments. Our client is blind and her husband was her primary carer. We argued that she needed year-on-year payments to cover the costs of her care. She will receive 23,500 every year for the rest of Leading her life. Speedy settlements We complete mesothelioma claims quickly and effectively. We helped set up the fasttrack litigation process at the High Court. Peter Williams recovered 250,000 for Alan Hawkins within 12 weeks of instruction. Associate Dushal Mehta recovered 175,000 for Victor Shipton within 12 weeks. Speedy for Mr G within 7 weeks. Partner Andrew Morgan obtained 130,000 Innovative claims We were the first firm to recover compensation for hospices that provide charitable care to mesothelioma victims. We have recovered 200,000 to date. Many firms follow our pioneering approach which is now accepted as part of the law. Caroline Pinfold acted for the claimant in the landmark case. Innovative The best awards We ensure our clients and their families get the best awards they deserve. We have recovered the highest award for pain and suffering from the courts, 80,000, and the highest award to compensate for nursing care provided by a spouse in the sum of 25,000. Best Awards In the UK and abroad We act for victims living anywhere in the UK and abroad. Andrew Morgan travelled to Florida to take evidence from a mesothelioma sufferer who was unable to travel. We will visit you at home - we don t expect you to come to our offices. International Caring for our clients Commitment to our cases Cutting edge expertise
5 Case study Freephone Case study Andrew Morgan secures 400,000 for ex-railway man from Cornwall 4 William Searle worked for GWR at their railway depot in Truro, Cornwall. Laggers undertook running repairs on the lagging that insulated the steam engine boilers; this created asbestos debris. It was Mr Searle s job to clean up this debris. 50 years later he was diagnosed with mesothelioma. He instructed Andrew Morgan to make a claim. By this time Mr Searle ran Cutlass Mechanical Engineering, working on projects in Devon and Cornwall. He planned to move into high quality work for specialist markets and to work full time to age 70. He wanted to invest heavily in new machinery to improve the business. Andrew obtained interim payments of 125,000 so he could do this. Mr Searle s greatest financial loss was the loss of income and capital from the business after retirement. Andrew obtained an accountant s report based on statements from Mr Searle s clients. Just a few days before the trial Andrew negotiated a settlement of 400,000. Obtaining the interim payments and then settling the case in July 2012 allowed Mr Searle to move his business to improved premises and to install the new water jet, the future engine of his business, in August Field Fisher Waterhouse were excellent to work with. Andrew handled my mesothelioma claim in an efficient and professional manner. I really couldn t have asked for any more, the service was excellent. I have already recommended Andrew to others. William Searle Caring for our clients Commitment to our cases Cutting edge expertise
6 The legal steps The legal steps explained Andrew Morgan, partner, explains how we conduct successful mesothelioma and asbestos claims. As with all asbestos-related claims, it is necessary to show that a duty of care was owed to you, the injured person, by the party who exposed you to asbestos. If you have been exposed to asbestos in the course of your employment, there is usually no difficulty in showing that you were owed a duty of care in those circumstances. Sometimes there is exposure to members of employees families, for example, as a result of dust carried home on clothing and tools. Alternatively you may have lived near to a factory manufacturing asbestos products. It is usually possible to show a duty of care existed in these cases. Who s at fault? If you were exposed to asbestos at work, we will need to identify the relevant employers and/or their insurers. We will undertake detailed investigations to locate the relevant companies or their insurers. In many cases, we will be able to pursue a claim even if an employer 1and/or its insurers no longer exist. We have established a database of over 2,000 companies and their insurers, who have previously been investigated. How was your illness caused? Once the appropriate parties have been identified and the evidence of exposure reviewed, we will assess whether there is a reasonable prospect of proving that they were responsible for your condition. Where there is a reasonable prospect of success, we will obtain a 2medical report from a consultant who is a specialist in asbestos related diseases. How have you suffered? We will obtain information and documents relating to financial loss including pension, loss of earnings and out-of-pocket expenses (both past and future) which can reasonably be attributed to your condition. 3We will also quantify your claim for pain and suffering as well as any care requirements and other financial consequences of your illness.
7 Freephone Asbestos conditions Ask your GP or consultant exactly what the diagnosis is. Asbestos exposure can lead to various conditions some more serious than others. If you are suffering from an asbestos-related condition (like mesothelioma, asbestosis, or lung cancer) you may be able to claim damages for this condition, for the risks of your condition worsening and for the risks of you contracting another asbestos-related condition in the future. You may also be entitled to some state benefits. 4 Timescales We recommend that you speak to one of our lawyers as soon as you are diagnosed. If you or one of your family suffer from mesothelioma your case can be fast tracked. We can often complete your claim in weeks. Your claim must be issued at court within three years of your date of knowledge. In most cases, this is the date of diagnosis. The rules can be complex but in some circumstances we can apply to the court to extend the time limit. However, delay does prejudice 5any claim so it is important to set the wheels in motion as quickly as possible. Are court proceedings necessary? Court proceedings are not always necessary. If they are, we aim to start them as soon as possible. With your permission we will approach the other side first with a view to negotiating a settlement. This allows us to settle claims very quickly, often within three to 6four months. The vast majority of claims are resolved without the need for a trial. Compensation We cannot say how much you will recover before our investigations have been completed. Claims are valued according to your personal circumstances and the severity of your condition. 7 Next steps We will: visit you at home take a detailed statement of your work history obtain your hospital and GP notes, scans and x-rays trace and contact any necessary witnesses 8 draw on our archive of witness statements to help support your claim (if necessary) 6 Caring for our clients Commitment to our cases Cutting edge expertise
9 Case study Freephone Case study Caroline Pinfold wins case for electrician in Multi Defendant action 8 Brian Morrow began work as an apprentice electrician at the age of 16 in He was exposed to asbestos during the course of this work by several employers in a variety of ways. He often worked alongside laggers who were applying asbestos insulation to pipes where he was running cables. Mr Morrow also worked in boiler houses where asbestos was stripped down during annual maintenance checks and when carrying out other electrical installation work as a result of which asbestos lagging on pipes was unavoidably disturbed. His work as an electrician frequently required him to drill into walls where there was asbestos in order to carry out electrical wiring and to run cables along ducts where there was asbestos lagging in a poor state of repair. His exposure to asbestos continued into the 1990s and none of the employers provided him with any equipment to protect him from asbestos dust and fibres. Furthermore they gave him no information or warnings about the possible risk to his health from asbestos exposure. Mr Morrow developed a cough at the end of February 2012; when this did not clear after a course of antibiotics he was referred by his GP to the local hospital where further investigations led to a diagnosis of mesothelioma in May The diagnosis was devastating for Mr Morrow and his family. He instructed Caroline Pinfold to pursue a claim for compensation against the relevant employers. After ensuring that Mr Morrow received all of the state benefits to which he is entitled for this condition, Caroline pursued the claim which settled in March The money will enable Mr Morrow to provide financial security for his wife and to pay for further care and equipment which he may require as a result of the mesothelioma in the future. Caroline handled the case in a caring manner. I have no complaints whatsoever, she was superb! Brian Morrow Caring for our clients Commitment to our cases Cutting edge expertise
10 Charity work Our charity work Leading the way in securing compensation for hospices In 2008, we started to claim a new type of compensation in mesothelioma cases. It had long been possible to include in claims the value of care and assistance given to mesothelioma victims by their relatives. Our innovation was to extend this to charitable care provided by hospices. In 2010, after the insurers had contested this principle, a judge ruled at the High Court that it was valid for hospices to be compensated in this way for the proportion of their costs funded by voluntary donations. Caroline Pinfold acted for the claimants in that landmark case. We have now repaid 200,000+ to hospices in our own cases. It is estimated that 1m has been recovered for hospices nationwide in mesothelioma cases. Now all hospices which receive some funding from voluntary donations are entitled to recover a proportion of those costs where care or other services have been provided in this type of case - providing these charitable institutions with much needed funds. Raising funds to find a cure for mesothelioma We raise funds for mesothelioma research both at St Bart s Hospital in London and Weston Park Hospital in Sheffield. So far, with the help of the DBL Charitable Trust Committee we have raised over 60,000 for research and treatment of mesothelioma. Useful organisations Mesothelioma UK Department for Work and Pensions British Lung Foundation Macmillan Cancer Support Cancer Research UK
11 The team Freephone Meet the team Our mesothelioma and asbestos team act on a no win, no fee basis. We do not expect you to travel to our offices - we are happy to visit you at home 10 Peter Williams Head of Asbestos Team Andrew Morgan Partner Caroline Pinfold Partner Caroline has specialised in asbestos disease claims for over 25 years. She is a Trustee of the East London Mesothelioma Support Group (ELMS). She is a member of Association of Personal Injury Lawyers and a Fellow of the Royal Society of Medicine. Chambers, a leading legal directory states she is incredibly hard working, has an eye for detail and fights very hard for her clients. Peter is head of the group. He has specialised in asbestos related disease claims for 20 years and he gives annual talks to solicitors on the issues. The legal 500 recommends him as a leading personal injury lawyer who is universally respected, and superb with clients. Dushal Mehta Associate Dushal specialises in asbestos disease cases, with specific expertise in mesothelioma claims. He joined the firm in 2009 and is a member of the Association of Personal Injury Lawyers. He has developed a reputation for securing early settlements in high profile cases. Andrew has specialised in asbestos disease claims since He is a past coordinator of the Occupational Health Group of the Association of Personal Injury Lawyers (APIL) and is an APIL fellow. The Legal 500 describes Andrew as clever, hardworking and respected by opponents. Field Fisher Waterhouse LLP provides a first-class service to clients. The Legal 500 Directory of leading law firms Caring for our clients Commitment to our cases Cutting edge expertise
12 Mesothelioma a Caring for our clients Commitment to our cases Cutting edge expertise Freephone Vine Street, London, EC3N 2PX Ibex House, The Minories, London, EC3N 1HP Postal address: PO Box 732, London, EC3N 2AA
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