Injury lawyer wins case for asbestos victims
Hankins said that the court ruling for insurance companies to pay out compensation for when a worker was exposed to asbestos and not when the symptoms appeared was a great improvement.
Hankins stated: “It is a milestone. I feel enormous relief for the families involved. This is probably one of the most aggressively fought areas of injury and disease in my professional life.”
Fibrecrete closed in 1971 but asbestos and similar illnesses have an incredibly long tail, or lead in time.
Mr Hankins commented: “If they’d won there would have been nothing more disappointing than finding that, after working through a case with either a very ill person or a widow, that there was no insurance policy to pay out their compensation.”
He furthered: “These men are totally innocent but die dreadful deaths with these illnesses. There are also the wives and daughters who washed their clothes for them and inhaled the asbestos particles. These women had not done anything wrong and yet they too are deprived of their health.”
Currently, it is thought that there are around 1,500 mesothelioma deaths a year in the UK, four or five of which are in Stroud.
Hankins said that he came into the lawyer profession on an ideal to “right all the wrongs” and he expects asbestos claims to increase in 1015.
Due to the BAI rejecting compensation claims many workers have suffered this work disease without court sympathy but BAI admitted that the rejection of hundreds of cases will lead to huge settlements.
Mr Hankins stated: “During the test case litigation BAI admitted that over the last two years they had rejected 284 fatal mesothelioma claims, whose families are consequently still awaiting compensation averaging £125,000 each, which is a total of a staggering £35.5 million.”
Asbestos cases can be difficult Many injury lawyers have found asbestos cases difficult, and until now, these cases were difficult to prove. Adrian Budgen, head of industrial disease litigation commented on his findings and on the new court ruling.
Budgen said that the number of work disease victims were huge: “It was hugely challenging because of the sheer scale of the litigation and the number of parties involved.”
Adrian then commented on the new ruling: “Mr Justice Burton found that the four insurers (BAI, Excess, Independent and MMI) were liable to provide an indemnity in respect of negligent exposure to asbestos during their policy periods.”
The new court ruling will hopefully give a new lease of life to the families who have lost loved ones to the disease.
Maureen Edwards who lost her father was happy with the decision: “My dad would have been proud that we have finally achieved justice for him, but he would have been disgusted by the lengths the insurers went to get out of paying.”
General-secretary of Unite, Derek Simpson stated it was a “hugely important victory for the victims of the deadly dust and for their families”.
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Asbestos and Your Lungs
Possibly the most common illness that results from asbestos exposure is a cancer called Mesothelioma. Because asbestos is made up of thousands or tiny fibers, people who work with the substance installing insulation or other building related jobs easily inhale these tiny fibers into their lungs and bloodstream often without even knowing it. Over a lengthy period of time, these tiny strands of asbestos become integrated into the walls of the lungs leading to cancer.
The frightening thing about Mesothelioma and many of the other asbestos related ailments is that in most cases they will occur as long as 20-30 years after the asbestos exposure. In addition, it isn’t just workers who are directly exposed to asbestos who are at risk. Because asbestos clings to the clothing and then gets free in the air to be breathed in by anyone nearby, innocent children and spouses of workers who bring home asbestos dust or debris are also at risk of these lung diseases many years after the exposure occurred and many times when they never knew they had been exposed to asbestos in the first place.
Another ailment directly related to asbestos exposure is appropriately named Asbestosis. The symptoms and ways this affliction causes suffering in the patient is similar to the threats that pneumonia causes. The parts of the lungs that draw the necessary oxygen from the air to keep us alive and passes it into the blood stream are called alveoli. When asbestos dust gets into the alveoli, that process is interrupted or even stopped causing shortness of breath that in severe cases can be life threatening.
The membranes around the lungs are another source of potential damage from asbestos exposure. When the dust and residue of asbestos gets into these membranes, this can lead to pleural plaques, which is a scarring of these important working parts of your lungs. Pleural thickening is also a potential problem when the lung membranes that must be flexible and moist to operate begin to harden and become think making them less able to do their jobs. The result is significant to severe discomfort to the sufferer, which can lead to more life threatening lung problems down the road.
If there is any reason to believe that you or someone in your family has been exposed to asbestos over the years, seek medical attention quickly. Remember that the exposure could have been decades ago and these various lung diseases can come up suddenly with tragic results. Early detection gives doctors what they need to take action before the problems become too severe. Along with top-notch medical care, you may need to enlist legal assistance as well to solicit financial help from the institution who was responsible when you encountered the asbestos exposure. That legal assistance can do a lot to help you pay for expensive medical care that you will need to deal with the damage the asbestos has done to your health.
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