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disease

litigation-workman-rooftop

The insurance market has seen an unprecedented rise in the number of claims for Noise Induced Hearing Loss (NIHL), often described as 'the new whiplash'. Whether it is dealing with a flood of low value but complex cases on causation and breach of duty such as NIHL, through to complex historic cases such as asbestos related diseases, our team deals effectively with the full range of claims, whether they are individual instructions or claims which could open the floodgates to others waiting in the wings.

Our industrial disease team works with insurers, TPAs, local authorities, public bodies, manufacturing and leisure industry to manage their short and long tail disease. We give pragmatic and practical advice, grounded in our expert team and knowledge of the issues, our clients and the sectors in which they deliver their services - which is why we are chosen and trusted by insureds that face such claims.

We handle the entire range of disease claims at the pre and post litigation stages from requests for personal data to attending inquests, from NIHL to bladder cancer. We frequently advise on the strategic management of a portfolio of historic claims, where evidence, witnesses, documents or insurance history may not be readily discoverable or accessible.

Our specialist teams across our offices provide clear advice and apply a strategic approach to ensure that lessons are learned, reducing the risk of future claims and to improve defensibility of any claim which may follow.

what we do...

  • Asbestos related disease - causation, foreseeability of risk against standards of the day, evidence collation and retention.
  • NIHL - effective retention of generic documents from noise surveys, to training and awareness documentation. We use an online NIHL tool which assists the expert handler to determine hearing thresholds/losses against established criteria.
  • Hand Arm Vibration - handling multi-party claims where foreseeability of risk over the passage of time is of key importance against an understanding of changing HSE guidance industry standards and legislation.
  • Other complex case expertise – including work related upper limb disorder, dermatitis and respiratory claims such as occupational asthma.
  • Document collation and retention – including dealing with committee reports, archives, storage and documenting to establish an easily accessible reference for future use, ensuring efficient claims handling.
  • Insurance and liabilities tracing – with particular reference to public bodies and local authorities where the responsibilities for services change to different organisations following government restructuring of boundaries.
  • Training and updates - through our EL/PL and Claims Clubs through the year. We also produce a quarterly providing insight from specialist experts, barristers and our team on a range of cases and topics of relevance to the arena.
  • Limitation and legacy claim handling.

related resources

Legal updates

Commercial Court allows reinsurance claim without evidence of policy document

In October 2017 we reported on this matter in which, at that time, the claimants had applied six weeks before trial for a late amendment to their particulars of claim.

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Legal updates

Psychiatric reports - can you challenge the ‘diagnostic’ tests?

How often in psychiatric reports prepared for medico-legal purposes do experts cite the results of ‘diagnostic’ tests including the Impact of Events Scale (IES) and the Hospital Anxiety and Depression Scale (HADS) to establish whether or not a claimant is suffering from psychiatric injury?

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Legal updates

Deborah Magill (executor of the estate of Colin Stuart Magill deceased) v Panel Systems (DB Limited) (2017) EWHC (QB)

The case of Magill considered the basis for awards made under the special damages heading of “loss of partner’s care and attention”.

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Legal updates

Material contribution in cases of psychiatric injury

Diane Jennifer Kennedy v London Ambulance Service NHS Trust (LAS) 2016 QBD - difficulty of raising causation arguments when defending psychiatric injury claims.

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