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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Dear Segelov Taylor Lawyers
I wish to express my appreciation for the assistance and support that was provided by your firm in settling my recent claim.
I was very impressed at our first meeting with the time taken to explain the process. This allowed me to submit my version of events, freely and without any form of prompting.
I would like to mention a special thank you to Kristy-Lee for the ongoing support that she provided in keeping me updated on how the case was proceeding and for the provision of relevant correspondence.
I am very pleased with the outcome and have no hesitation in referring others to your firm, for support in your areas of expertise.
I also intend visiting the online site to express my gratitude.
Thank you once again and I hope your firm has ongoing success in the support provided to clients.