In a recent case in Queensland (Martin v. Amaca Pty Ltd), a new benchmark for awards for pain and suffering for mesothelioma claimants was set by a jury. In the case, the plaintiff, Mr Martin, who had been diagnosed with mesothelioma in 2023 brought proceedings against James Hardie. He alleged that he had been exposed to asbestos during the period he worked with James Hardie products more than 50 years ago.
The trial was conducted by a jury of four, who awarded Mr Martin $800,000.00 for pain and suffering and loss of expectation of life. This was the first award of damages for mesothelioma for many years, and the first award by a jury in Australia for more than 10 years. Recent comparable awards in other states have generally been between $400,000 and $600,000.
While juries are only available in mesothelioma claims in Queensland and Victoria, the jury verdict provides insight into the community’s view of what a defendant should pay when found negligent in exposing a plaintiff to asbestos and causing mesothelioma which is important elsewhere. The amount awarded to Mr Martin is unprecedented, not just in Queensland, but Australia wide. It paves the way for plaintiffs diagnosed with an asbestos disease anywhere in Australia to be demand more compensation from defendants in settlements, and where matters run to final hearing for larger awards to be made by judges.
Tanya Segelov has more than 25 years experience in acting for people with mesothelioma. Segelov Taylor provides specialist, expert legal representation for mesothelioma sufferers that is crucial to ensure that claimants receive maximum compensation.