ASBESTOS & MESOTHELIOMA AWARENESS AUSTRALIA
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About Compensation & Legal Help – Read First

Home Care & Support Information The Compensation & Legal Help Section About Compensation & Legal Help – Read First

ABOUT COMPENSATION & LEGAL HELP

Reducing financial stress allows a sufferer and their family to concentrate on dealing with the complications of living with an asbestos related disease.

About Asbestos Related Disease Litigation

All persons diagnosed with an asbestos related disease (ARD) are encouraged to seek specialist legal advice.  Even if you do not know what your exposure was by, or your possible exposure cause was not employment related.  Seeking specialist legal advice will allow informed decision making regarding legal matters.

It is important that specialist legal advice is obtained as soon as possible after a person is diagnosed with an asbestos related disease.  Often a substantial amount of compensation will be lost, or a case may be unable to be conducted at all, if it is not pursued in a claimants lifetime.  In situations involving grave health, specialist lawyers can sometimes commence proceedings within a matter of hours after speaking with someone suffering an asbestos related disease such as mesothelioma asbestos cancer, thus protecting their family’s rights.  Traditionally the litigators will take instructions at the sufferers home, or if necessary in a hospital – in other words they will come to you.

Making A Claim

Making a claim is generally not onerous, especially if you give instructions to a Specialist Accredited Litigator with considerable asbestos related disease litigation experience.  You engage them to do the difficult leg work, the main thing you have to do is give them your ‘life journey‘ history, not just your work history, and as many memories and facts you can.  You do not need exact dates, but obviously the more accurate facts and recollections you can give them, the better they can ‘pick the chaff out of the straw’ and decide on the best way to make a claim and a successful case for you.

Keep an open mind

The main thing is try to keep an open mind re asbestos exposure.  If someone is diagnosed with an asbestos related disease, it means they have been exposed – it is a matter of finding out where and who to make a claim against.  If you believe you have had a predominant source of exposure, or a history of multiple exposures, try not to become fixated on just one, it will help the litigator and your case if you can keep an open mind and provide as much overall information as possible.  Remember:  If you have been diagnosed with an ARD you have been exposed to asbestos fibres/dust – somewhere, somehow.

Cost

Experienced accredited asbestos disease litigators mostly work on a no win, no fee case basis – this means there is normally no up front out of pocket costs to you.  Always establish what you will need to pay and when, and if it is on a no win – no fee basis, when first talking with a specialist litigator.

Compensable Diseases

Asbestos Related Diseases that may be compensable include:

Malignant Mesothelioma | Asbestosis | Asbestos Related Pleural Diseases (ARPD) | Asbestos Related Lung Cancer (ARLC) |

Eligibility To Claim

It may be possible to make a claim even if:

  • Your exposure occurred many decades ago
  • You have left the employment where you were exposed
  • Your employer went out of business years ago
  • You worked for multiple employers where you may have been exposed
  • You were self employed or worked under contract
  • Your exposure did not occur at work
  • You were exposed in a number of different places
  • You are not sure where or how your exposure occurred
  • You are, or have been a heavy smoker
  • You are living in a different state or country from that in which you were exposed to asbestos
  • You believe your exposure was indirect.  For example, your exposure was caused by a family member or friend bringing home asbestos dust on their clothes.

Successful Litigation Factors

A successful litigation case depends on three factors:

  • Proof of diagnosis;
  • Establishing causation (responsibility for the cause of the exposure); and
  • Finding who to sue for compensation*.

Specialist Legal Advice

It is vital to consult a legal firm that is accredited, and has considerable experience in asbestos related disease litigation, as soon as possible after being diagnosed.

Note:  Experienced accredited specialist litigators will have extensive resources available to try to figure out who, or what company is responsible for the causation – you will just need to give them as much of your life history as possible (not just work history).  That being said, proving causation is not always possible – particularly where there is no work or employment history of working with asbestos and/or no known, or traceable history of exposure.

Each state and territory have different systems, it is important the specialist litigator you appoint, explains the system running in the jurisdiction where you are making the claim.  Depending on the jurisdiction, if you qualify, you may be able to make both a ‘Common Law‘ claim and a separate ‘Statutory Scheme‘ claim – or you may be able to make either a ‘Common Law‘ claim but not a ‘Statutory Scheme‘ claim – or vice versa.  Read more about the differences between ‘Common Law‘ and ‘Statutory Scheme‘ claims by clicking [here].

* ‘Statutory Schemes‘ mostly are no fault schemes that only require proof of diagnosis and proof/history of employment whilst working with asbestos.

Reiterating

All persons diagnosed with an asbestos related disease are encouraged to seek specialist legal advice.  This will allow informed decision making regarding legal matters.  It is important that legal advice is obtained as soon as possible after a person is diagnosed with an asbestos related disease.

Often a substantial amount of compensation will be lost, or a case may be unable to be conducted at all, if it is not pursued in a claimants lifetime.  In situations involving grave health, specialist lawyers can sometimes commence proceedings within a matter of hours after speaking with someone suffering an asbestos related disease such as mesothelioma asbestos cancer, thus protecting their family’s rights.

Remember:  Experienced accredited asbestos disease litigators normally work on a no win, no fee case basis – this means there is, in most cases, no up front out of pocket costs to you.

It is vital to consult a legal firm that is accredited, and has extensive experience in asbestos related disease litigation, as soon as possible after being diagnosed.  To find out more about specialist litigators and how to find one to suit you – click [here].

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              Bernie Banton AM

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