Mesothelioma and asbestos claims

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1 Mesothelioma and asbestos claims Our solicitors have been helping victims of mesothelioma and asbestos diseases and their families for over 30 years. Field Fisher Waterhouse is a law firm with one of the leading personal injury claims practices in the UK. nd Asbestos Freephone We only act for victims of asbestos diseases. Proud Sponsors of The asbestos team is in a league of their own, nationally. The Legal 500 Directory of leading law firms Our team has recovered more than 179 million for clients in more than 2,300 successful cases.

2 Introduction Contents How we work with you Case study: 125,000 for a client within 6 months The legal steps explained Case study: Settlement for family of lung cancer victim Our charity work Meet the team We are here to help... Our team at Field Fisher Waterhouse has acted on behalf of claimants in asbestos cases for over 30 years. I m Peter Williams, head of the UK s leading mesothelioma and asbestos claims team. We were one of the first firms to start bringing these claims in the 1980s against those who exposed their employees, council tenants, contractors, and their families, to asbestos with devastating consequences. We know it can be daunting to contact a solicitor but we promise to make the legal process as easy as possible. We will visit you at home, if you prefer, and we act on a no win no fee basis. We will complete your claim as quickly as possible, often within a matter of weeks. We also ensure that you receive the right benefits and the best care. In April 2012, we welcomed Caroline Pinfold to our team. She is one of the leading mesothelioma claims specialists in the UK and enhances our excellent reputation for obtaining the best awards for asbestos disease sufferers and their families. We conduct all our mesothelioma and asbestos claims on a no win, no fee basis. 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 peter.williams@ffw.com

3 Freephone How we work with you In a class of its own for disease cases The Legal 500: Directory of leading law firms 3 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. Solicitor Dushal Mehta recovered 175,000 for Victor Shipton within 12 weeks. Speedy Partner Andrew Morgan obtained 129,000 for Peter Whitehead within 16 weeks. Innovative claims We were the first firm to recover compensation for hospices that provide charitable care to mesothelioma victims. We have recovered more than 100,000 to date. Many firms follow our pioneering approach which is now accepted as part of the law. Caroline Pinfold acted for the claimant in this Innovative landmark case. 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

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5 Case study Freephone Case study 125,000 for a client within 6 months 5 Peter Turner worked as a boiler and maintenance man from 1965 to He was exposed to asbestos by three employers: the Royal College of Surgeons, the City of London Real Property Company Ltd and Marsh Services Ltd. Peter worked in their maintenance teams and was responsible for ensuring the boilers and pipes in his employers buildings were well-maintained. They were lagged with asbestos insulation. Peter would have to remove the asbestos insulation when the boilers were inspected. Sometimes he smashed it off the pipes, which created dust that covered his face and clothes. After he retired, Peter was keen to stay active. He swam 20 lengths five times per week. He also enjoyed hiking, and climbed a 2000ft peak in Somerset with his son in October He also visited many places Peter s employers offered to pay him 125,000 for the illness he had suffered as a result of their negligence around the world with his wife and was enjoying his retirement. Around Christmas 2010, Peter started to feel unwell. He went to the doctor and a diagnosis of mesothelioma was confirmed in March Peter Williams took on Peter s case on a hurry up basis to try to obtain compensation quickly. He immediately started proceedings in the High Court against the employers responsible for Peter s illness. Peter Williams was able to negotiate a settlement without having to go to trial. Peter s employers offered to pay him 125,000 for the illness he had suffered as a result of their negligence, which he was happy to accept. Myself and my wife cannot thank you enough for your support and care in relation to my claim. Without your knowledge and support we would never have received the payment due to us. Peter Turner 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 previoulsy 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 Other 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 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) 7 Caring for our clients Commitment to our cases Cutting edge expertise

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9 Case study Freephone Case study Settlement for family of lung cancer victim 9 Andrew Morgan recovered compensation for the family of a man who died from lung cancer following exposure to asbestos. Joseph worked in the building trade his whole life. In 2004 he developed a cough that would not clear up. He began to lose weight, became less active and lost his appetite. He became so ill that his wife had to give up work to look after him. Before he died, Joseph made a statement, in which he stated he had been exposed to asbestos when sawing asbestos sheets. After his death a post-mortem revealed that Joseph had lung cancer. It is known that asbestos, in sufficient quantities, can cause lung cancer. Olive instructed Andrew Morgan to pursue a claim, and like all lung cancer claims, it required complex medical evidence. Andrew obtained evidence from two medical experts in England and from Dr Roggli in the USA. Dr Roggli assessed the intensity of Joseph s asbestos exposure by looking at lung samples. He determined that there was sufficient exposure to explain the lung cancer. The Defendants obtained opposing medical evidence but ultimately accepted that Joseph had been exposed to substantial quantities of asbestos and that this had caused his lung cancer. As a result of this Andrew was able to negotiate a settlement of 105,000, which Olive was happy to accept. Thank you Andrew for all of your help and hard work over the past years. As you know, I am delighted with the final outcome and settlement that you achieved. Olive 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. 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 11 Peter Williams Head of Asbestos Team peter.williams@ffw.com Andrew Morgan Partner andrew.morgan@ffw.com Caroline Pinfold Partner caroline.pinfold@ffw.com 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 nearly 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 Solicitor dushal.mehta@ffw.com 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. He advises the Parliamentary Sub-committee on asbestos. He writes and gives talks regularly about asbestos claims. Head and shoulders above the rest in terms of skills, experience and quality 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 personalinjury@ffw.com