A recent landmark case in Queensland, Martin v Amaca Pty Ltd established the new benchmark for the quantum of damages awarded in mesothelioma cases.
This pivotal decision saw the plaintiff, Mr. Martin, who had been suffering from mesothelioma, awarded a total of $1.21 million. A significant portion of this award, $800,000, was allocated for general damages for pain and suffering and loss of expectation of life.
This figure is particularly noteworthy as the jury accepted the top-of-the-range amount put forward by the plaintiff’s senior counsel.1
What makes this case a potential game-changer is the level of general damages awarded. This $800,000 figure is a record for general damages in a mesothelioma case in Australia. Importantly, the jury reached this verdict without being provided with comparative verdicts or any reference to the Civil Liability Act schedules, which typically outline the range of general damages. This suggests a potential shift in how such damages might be assessed in future cases, particularly in Queensland but also in all other states.
The implications of this decision are significant for individuals in Queensland and across Australia who make compensation claims for mesothelioma and other asbestos-related diseases. While each case is assessed on its own merits, the substantial award in Martin v Amaca will influence future decisions and settlement negotiations. It signals a potential trend towards higher compensation amounts, particularly for the pain and suffering endured by victims of this devastating disease.
For those considering a compensation claim due to asbestos exposure, this case underscores the importance of seeking expert legal advice. Tanya Segelov of Segelov Taylor Lawyers has been acting for mesothelioma sufferers for more 30 years. Segelov Taylor’s national focus means that we are able to utilise successes achieved in one state in claims brought elsewhere in Australia.