Injury lawyer wins case for asbestos victims

A campaigning lawyer has stated that a new High Court ruling is a landmark victory for dozens of asbestos victims in the Stroud Valleys.Lawyer, Peter Hankins has looked at industrial injuries compensation for more than 30 years for ex-employees of former Chalford-bases asbestos firm Fibrecrete and their families, who were commonly made terminally ill having worked for the company.

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”.

About the Author

Catherine has more articles pertaining to injury lawyers and other legal related articles.

December 31, 2008 | Filed Under Mesothelioma Asbestos | Leave a Comment

The Mesothelioma Compensation Claims Time Bomb

If you work with or around asbestos and aren’t properly protected, there is a chance that prolonged exposure will leave you vulnerable to developing mesothelioma. Mesothelioma is a form of cancer that is caused by exposure to asbestos. With mesothelioma, malignant cells grow in the mesothelium, which is the protective lining that covers many of the body’s most important internal organs. The most common place for this cancer to develop in on the lining of the lungs or on the chest wall, although it can develop elsewhere within the body. Because mesothelioma can be prevented by safety equipment and because it is a work-related illness, compensation claims are a big issue.The first claim against an asbestos manufacturer was in 1929, although as part of the lawsuit it was agreed to not pursue any further cases. It wasn’t until the 1960’s that asbestos was officially recognised as the cause of mesothelioma. An article was written in which more than 30 cases of people working with asbestos and suffering from the disease were recorded. Today, many claims are made by employees against employers who have failed to implement strict safety measures, rendering the employer negligent. In the US claims resulting from asbestos lawsuits have now reached into billions of dollars. In the UK claims are less common but the number of lawsuits citing asbestos as the primary cause of mesothelioma is growing steadily.

On the 20 August 2008 Thomas Renfrew of Ardrossan, Ayrshire, was awarded £130,000 in damages for ill health due to exposure to asbestos. He worked as a shipbuilder for 14 years, often coming into contact with asbestos. It was argued in court that Mr Renfrew could live for another 10 years with the disease and that the amount of money rewarded was to make the rest of his life a more pleasant one. The companies that he worked for wanted to pay significantly less because they estimated that he would only live for another 3 years, effectively admitting that his exposure to asbestos had affected his health and predicted life span.

Today, an increasing number of claims are being made due to mesothelioma. One of the reasons for this may be that the symptoms often don’t appear until 20 to 50 years after the asbestos exposure. Symptoms include shortness of breath, persistent coughing, chest pains, weight loss, abdominal swelling and a wide range of other problems. In the later stages of the disease tumours develop throughout the body, although usually these tumours are located primarily in the lungs. As the symptoms of mesothelioma are similar to other illnesses, they can often be misdiagnosed. Obviously, as you can see in the case of Mr Renfrew, life expectancy is reduced dramatically.

If you have worked with asbestos in the past and you experience any of these symptoms then you should consult a doctor immediately. You may also wish to contact specialist claims lawyer who has experience with asbestos cases. As you can see from the Renfrew case, claims of asbestos poisoning and the contraction of mesothelioma are taken very seriously indeed. It is important to have a specialist lawyer working for you, as they will understand the legal proceedings that will directly apply to a claim of this nature. They will also be aware of past cases that can have a bearing on your own case.

About the Author

http://www.1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience.We deal in a range of claims, including personal injury claims and compensation. Please visit http://www.1stclaims.co.uk for further information.

December 31, 2008 | Filed Under Mesothelioma In Mesothelioma | Leave a Comment

mesothelioma lawyers, attorneys and law firms in ALBERTA (AB) Mesothelioma Lawyers And Attorneys.

Alberta Personal Injury Lawyers

Keywords: Personal Injury Lawyer Auto Accident Attorney

Our Alberta, Alabama Personal Injury Lawyers and Attorneys have a proven track record of helping victims recover substantial compensation for their injuries. We have represented plaintiffs medical malpractice, accidents, negligence of others, insurance companies, pharmaceutical (drug) companies, defective medical device manufacturers, consumer product manufacturers, automobile makers, tobacco companies, asbestos, discrimination, landlords, construction injuries, hospitals, airlines, and other negligent organizations. With a strong commitment to ethically protecting victims’ rights,. We have fought hard and achieved great results for Alberta, Alabama plaintiffs.

Defective Drug Lawsuits
Parker Waichman Alonso LLP is a leader in defective drug litigation. Our Alberta, Alabama drug injury lawsuit attorneys are available to evaluate cases involving prescription drugs such as Avandia, Accutane, Byetta, CellCept, Chantix, Maxipime, Trasylol, Vioxx, and others. The Alberta, Alabama injury attorneys at Parker Waichman Alonso LLP are also at the forefront of litigation involving Gadolinium Based MRI Contrast Agents, the Ortho Evra Birth Control Patch, Renu Contact Lens Solution and other defective medications that injure thousands of people each year.

Defective Medical Device Lawyers
Defective medical devices, like Medtronic and St. Jude Defibrillators, Shoulder Surgery Pain Pumps, the Kugel Mesh Hernia Patch, the Mentor ObTape Vaginal Sling and others injure thousands of people each year. The Alberta, Alabama defective medical device lawsuit attorneys at Parker Waichman Alonso LLP have successfully represented thousands of Alberta, Alabama victims injured by defective and dangerous medical devices.

Toxic Substance Attorneys
Toxic substances like asbestos, mercury and formaldehyde have injured and killed thousands. The Alberta, Alabama injury lawyers at Parker Waichman Alonso LLP have represented hundreds of victims of toxic substances with dignity and compassion. The Alberta, Alabama injury lawsuit lawyers at Parker Waichman Alonso LLP have represented people sickened by formaldehyde in toxic FEMA trailers, victimized by oil spills and disabled by asbestos exposure. The Alberta, Alabama lawsuit attorneys at Parker Waichman Alonso LLP strive to achieve the best financial results for our clients to insure that they are properly compensated for medical expenses, lost wages and the pain and suffering they sustain from exposure to toxic substances.

Car, Bus, Motorcycle, Construction Ladder, Scaffolding Accident Injury Lawsuit Lawyers
The Alberta, Alabama accident injury lawyers at Parker Waichman Alonso, LLP are leaders in this area of litigation. We are currently evaluating claims in Alberta, Alabama for various types of accidents, including those involving cars, cruise ships and public transportation. The Alberta, Alabama lawsuit attorneys at Parker Waichman Alonso LLP will be there for you from through the entire process.

Defective Product Liability
Each year, manufactures bring hundreds of defective products to market, exposing thousands of people to the risk of serious injury. The Alberta, Alabama injury lawyers at Parker Waichman Alonso LLP can assist the victims of defective products to recover lost wages, medical expenses and compensation for pain suffering. The Alberta, Alabama product liability attorneys from Parker Waichman Alonso LLP are currently evaluating cases against the manufacturers of a variety hazardous products including defective baby car seats, lead tainted toys, and dangerous cribs.

Alberta, Alabama Medical Malpractice Attorneys
Our Alberta, Alabama medical malpractice lawsuit lawyers and attorneys have decades of experience handleing medical malpractice cases, including ground breaking settlements. The Harvard Medical Study estimated that such malpractice plays a role in the deaths of over 180,000 people annually. The Alberta, Alabama medical malpractice injury lawsuit attorneys at Parker Waichman Alonso LLP can help the victims of medication errors, physician and hospital errors and negligence, medical mistakes and preventable birth injuries put their lives back together.

Nursing Home Negligence, Neglect and Abuse
Do increasing cases of nursing home neglect, abuse and negligence a nursing home is not always the place of respite and healing it should be. According to the National Center on Elder Abuse at least one in 20 nursing home patients has been the victim of nursing home neglect, negligence or abuse. At Parker Waichman Alonso LLP, our Alberta, Alabama lawsuit attorneys are experts at helping the victims of nursing home physical abuse and negligence recover compensation for their physical and psychological injuries.

Other Areas
In addition to the areas mentioned above, the Alberta, Alabama lawyers at Parker Waichman Alonso LLP have helped victims recover damages in a variety of other matters. Parker Waichman Alonso LLP can help Alberta, Alabama plaintiffs victimized consumer fraud, sexual harassment, bad Faith insurance, discrimination and many other plaintiff litigation areas.

Source : http://www.yourlawyer.com/contact/state/Alabama/Alberta