It has recently been reported that a family in England were successful in making claims against Cape Asbestos following the death of Mr Potter in July 2016 due to asbestosis.
Mr Potter worked for Cape Asbestos as a maintenance fitter in Uxbridge and had provided numerous statements in support of colleagues who were pursuing claims against the company for various asbestos related conditions, including asbestosis and mesothelioma which is a type of cancer.
Mr Potter’s family were advised by their legal representatives that they may be entitled to compensation following an inquest which determined the cause of his death was a result of exposure to asbestos, however they first had to determine whether their claims were time barred or ‘out of time’.
Pursuers and family members have a three year time limit from the date of diagnosis or date of knowledge to make a claim for compensation.
Mr Potter’s medical records made reference to asbestos disease going back to 1999 which could indicate that this claim was time barred. However, the family took their claims to court and their legal representatives successfully argued that there were reasonable grounds to allow the claims to proceed even although Mr Potter was no longer around to provide any evidence of his employment. What seems to be the deciding factor for the Court to grant this exception was the fact that Mr Potter had provided statements in the past.
Mr Potter’s family reached settlements with Cape Asbestos without the need for litigation proceedings.
If you or anyone you know has issues following exposure to asbestos, our specialist team can assist and advise you in determining whether you have a claim.
