Asbestosis

Most people with mesothelioma can make a claim at common law. A common law claim is a claim in court for lump sum compensation. A claim is commenced by filing a Statement of Claim in court.

All States have developed specialised processes to deal with mesothelioma claims. In New South Wales claims are filed in the Dust Diseases Tribunal, a specialist court which has special rules of evidence and procedure to expedite claims. In other States, claims are brought in special lists in the Supreme Court or District Court to ensure that the needs of people with mesothelioma are addressed.

Most claims are brought against a former employer, manufacturer of asbestos products or an occupier of a building. If the employer no longer exists a claim can be made against the employer’s workers’ compensation insurer.

In all States matters proceed to a pre-trial or court appointed settlement conference or a mediation to see if the matter can be resolved prior to the hearing.

Most claims settle at mediation or after mediation but before the trial. If a matter proceeds to hearing, then in most jurisdictions evidence in chief can be given by way of Affidavit. If you are not well enough to travel, then your evidence will be taken at your home or hospital.

The courts will do everything possible to finish a claim in your lifetime. However, if you die before your claim is finished then provided the claim was filed in court in your lifetime, the claim can be continued by your estate at full value.

If you were exposed to asbestos during the course of employment in New South Wales, then you can make a claim at common law as well as receive a pension and have your medical and other expenses paid by the Dust Diseases Authority.

Claims generally take between three to six months from start to finish however claims can go faster if required. The court will do everything possible to finish your claim in your lifetime. If your condition deteriorates you can approach the court at any time with medical evidence and seek an urgent hearing or mediation date.

It is not uncommon for a person diagnosed with mesothelioma to not immediately recall where they were exposed to asbestos particularly if they did not work with asbestos. Over the last decade we have seen the rise of “third wave” mesothelioma victims, persons exposed to asbestos outside of work because of home renovations or the work of others. 

Two out of three homes built in the period 1940 to 1983 contain asbestos fibro sheets even if only on the eaves and wet area (bathroom, laundry and kitchen). All fibro prior to 1983 contained asbestos.

There is no threshold of exposure to asbestos for the development of mesothelioma. This means you may have had a small exposure to asbestos from renovating or assisting to renovate your home or being present while renovation or building work were carried out by others such as

• Cutting, drilling and installing fibro sheets,
• Removing or demolishing fibro sheets
• Sanding and painting fibro walls,
• Sweeping up after painting work or building work
• Shaking out and washing clothes worn during renovation or painting work.

You may have also been exposed to asbestos through the work of others such as washing a spouse or relative’s work clothes or embracing a spouse or relative when they returned from work in their work clothes.

We have acted for hundreds of persons with asbestos disease over 20 years and have accumulated knowledge, contacts and records to assist you in establishing where you were exposed to asbestos. We will come to your home or hospital and take detailed instructions and conduct research to determine your exposure to asbestos. If we cannot establish were you were exposed to asbestos, you will not be charged for any work we have carried out.

The amount of damages varies between states. However, throughout Australia most  mesothelioma  claims resolve for between $400,000.00 and $600,000.00 clear in your hand (after all costs and repayments have been deducted) plus any additional compensation that may exist for economic loss and replacement services. 

(Note that this amount has increased since the video was made.

If you are successful in your claim, you will be awarded lump sum compensation to compensate you for

• Pain and suffering
• Loss of expectation of life
• Past and future out of pocket expenses
• The commercial cost of gratuitous care
• Economic loss if you were working at the time of symptoms
• The commercial cost of replacing care you provided to a dependant because of age, physical or mental disability and
• Costs

If you were exposed to asbestos during employment in New South Wales, your common law settlement will not affect your right to receive a pension and have your medical and other expenses paid by the Dust Diseases Authority.

The vast majority of claims settle out of court either at a mediation or court appointed settlement conference or in the lead up to the hearing. It is very rare that a matter will proceed to final hearing.

Where matters proceed to court it is usually because of a dispute as to how much a claim is worth. Such a claim will normally take only one or two days to be heard and judgment will be given within a very short space of time, usually a week.

If you are not well enough to attend court, then your evidence will be taken at your home or hospital. In most courts your evidence in chief will be given by a written statement known as an Affidavit.

Segelov Taylor acts on a “no win-no fee” basis in all mesothelioma claims.  This means we only recover our fees if you are successful in your claim. You will not be charged any monies up front. We will pay all the disbursements (monies paid out by us for such things as court fees and medical reports). We will not be paid for our work until the successful completion of your matter.

In addition, If you are successful in your claim, then the defendant will be ordered to pay most (generally about 70-85%) of your costs.

Our fees our determined by an hourly rate plus disbursements. We do not charge a percentage of compensation recovered.  This model is not legal in Australia.