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Legal Costs and Mesothelioma Claims

We will provide you with  a costs disclosure as soon as possible after taking instructions.

While it is critical to read and understand the costs disclosure, we will explain it to you is clear terms.  We will answer any questions of concerns you may have.

Costs are impacted by many variables and are different for each case.  However, for our work in mesothelioma claims the following normally applies:

  1. We act on a fully funded ‘no win-no fee’ basis in all mesothelioma claims. No win- no fee means that you will not pay, or contribute to, any of your legal costs unless and until you obtain compensation.  Legal costs include their lawyers’ professional costs and disbursements, such as amounts paid out for expert reports, clinical notes, and court filing fees. Many other firms operate a partial ‘no win, no fee’ basis, which only covers professional costs, but clients still need to pay disbursements and investigation costs prior to obtaining compensation.
  2. If we undertake an investigation and no claim arises out of it, then you will not be charged for our work.
  3. Our costs to mediation or settlement conference are generally between $40,000 and $60,000 plus disbursements.  The range exists mainly because settlement conferences occur at different stages in different states (eg in NSW they occur before some preparation is needed, while in Victoria they occur at a later stage).
  4. Our costs are generally more reasonable that larger firms as we do not have the same overheads or spending on advertising and sponsorships.
  5. The costs to final hearing a much more variable and depend on the conduct of the defendant, the stage in the proceedings, the matters in issues, etc.
  6. In a settlement or a successful judgment the defendant will be required to pay most (70-85%) of the legal costs.  Matters can settle inclusive of costs (where an amount for costs is agreed at settlement) or plus costs (where the amount is negotiated or determined later on.  Judgments are always plus costs.

 

Common questions about costs in mesothelioma claims

Are costs calculated as a percentage of the amount of the compensation?

No. Arrangements of this kind are not lawful in Australia.

If I decide I do not want to proceed with a case, will I be liable for costs?

If we conduct an investigation and you decide not to make a claim, you will not be liable for any costs.

What about the other side’s costs?

No win, no fee arrangements do not affect liability for an adverse costs order.

How much are legal costs in mesothelioma cases?

Legal costs will depend on various circumstances, including the nature of your case, if and when it settles, whether there is a claim for economic loss, etc. On average, when mesothelioma claims settle at mediation, Segelov Taylor’s costs are less than 10% of the amount recovered.

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