Fee Policy in dust diseases matters
We act on a “no win/no fee” basis which means we will only recover our fees if you are successful in your claim.
You will not be charged any money up front. We will pay all of the disbursements incurred in litigating your claim and we will recover the disbursements and our costs billed on a time basis at the successful completion of your claim. As part of your settlement or judgement the defendant will pay your party/party costs which cover 70 to 80% of your costs.
What if I die before my claim is completed?
So long as proceedings are filed in court than all your rights are preserved and, if you die before your claim is finalised, your estate can continue your claim at full value.
What is the Dust Diseases Authority?
If you have been exposed to asbestos in the course of employment in New South Wales, in addition to any damages at common law you may be entitled to further compensation from the Dust Diseases Authority.
The Dust Diseases Authority (DDA) is a statutory body of the New South Wales government that provides compensation in the form of fortnightly pension payments as well as paying all related medical, hospital, pharmaceutical nursing and other expenses for persons exposed to dust while working in New South Wales who have contracted a dust disease. An application to the DDA is an administrative process and is separate and in addition to a claim at common law. If you die as a result of a dust disease your dependant may also be eligible for a lump sum payment and an ongoing pension.
There is no corresponding body in any other state.
What is a common law claim?
A common law claim is a claim in a court for lump sum compensation. A claim is normally brought against a former employer, occupier of a building or manufacturer of asbestos products. For a person suffering from mesothelioma or lung cancer a claim usually takes 3 to 6 months to complete but can proceed more quickly if required. If successful a person suffering from mesothelioma or lung cancer will recover between $350,000 and $450,000 after costs and repayments plus any claim for economic loss or replacement services.
All states have developed specialised processes to deal with dust diseases claims. In New South Wales claims are brought in the Dust Diseases Tribunal of New South Wales, a specialist court which has special rules of evidence and procedure to expedite claims. In other states, claims are brought in special lists so as to ensure they are dealt with expeditiously.
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We would like to let you know how thankful our family is to have engaged such an experienced & knowledgeable lawyer to represent Leon in his mesothelioma case.
From our very first conversation & throughout the entire process you always treated Leon with the utmost respect & kindness. You kept us informed every step of the way & it was very obvious by the way you handled the final negotiations, that you have had many years of experience.
This is an extremely traumatic & devastating time in our family & as much as is possible, the outcome you achieved has helped ease the financial burden.
We have no hesitation whatsoever in recommending your company to anyone who finds themselves faced with this Asbestos induced tragedy.
My father thanks you a lot and I also thank you for making this process smooth. With your encouragement and trust, you were able to get him much more. He still doesn’t believe it, but hopefully when he sees his balance in his bank account, it will sink in.
Thank you again for your dedication and hard work on this case for us. Because of your experience and wisdom Mum is now able to afford the very best care in the last phase of her life and I’ll be forever grateful for that.