Questions About Asbestos Compensation Claims
What are you entitled to claim for an asbestos related disease?
What is the estimated compensation amount for asbestos related disease?
How long will it take to finalise an asbestos claim?
When should I contact an asbestos litigation lawyer?
Shine Lawyers offer a ‘no win no charge’ arrangement for asbestos claims
Making an Asbestos Compensation Claim
If you have been exposed to asbestos and diagnosed with an asbestos related disease such as:
- asbestosis
- lung cancer
- mesothelioma; or
- asbestos related pleural disease
you may be able to claim compensation.
If you have an asbestos related disease you may be able to make a claim despite the fact that;
- you are no longer employed where you were exposed to asbestos
- the employer is no longer operating where you were exposed to asbestos
- you were self-employed or a contractor when you were exposed to asbestos
- you were working for many employers when you were exposed to asbestos
- you have contracted an asbestos related disease and you are/were a heavy smoker
- the asbestos exposure was not work related
- the asbestos exposure occurred during home renovations
- the asbestos exposure is unknown to you; or
- the asbestos exposure happened more than 50 years ago, interstate or overseas
In addition, if you are related to someone who has passed away from an asbestos related disease you may be able to claim compensation on behalf of their estate. This includes a widow or dependent.
Asbestos related disease claims are complicated and require careful consideration of complex medical and legal issues. Shine Lawyers have extensive experience in preparing and successfully pursuing claims for asbestos related disease. We know what questions to ask in order to quickly resolve how you were exposed to asbestos, what products were manufactured with asbestos, and by who. If you think you have a claim for compensation in relation to asbestos or another harmful fibre, chemical or dust, contact Shine Lawyers on 13 11 99 for an obligation free consultation about a claim.
Asbestos Compensation Claim Information
If you have been exposed to asbestos outside of employment but in the state of Victoria, you can claim a significant lump sum compensation known as damages.
Generally asbestos claims are made through the court under the process of common law where the exposure must be linked to negligence by another party. To get the best advice for your asbestos claim and decide which claim is better for you, please seek independent legal advice as soon as practical.
Under the law of negligence, damages compensation is usually made up of a number of different components including;
• pain and suffering
• loss of enjoyment of life
• medical expenses (such as future surgical costs, ongoing physiotherapy, home services etc)
• any past and future loss of earnings since contracting an asbestos related disease
• payment to home help and spouses for time spent caring for you
• a payment for reduced life expectancy
It is important to note that asbestos related disease claims are complex and have unique circumstances. Therefore, it is impossible to state exactly how much the compensation will be. However, if you have good evidence to support your claim, you are likely to win compensation of between tens and hundreds of thousands of dollars.
Unlike some law firms who claim to be experts in asbestos litigation, Shine Lawyers has a proven track record in providing legal representation to asbestos victims and fighting for their clients’ rights to obtain compensation from asbestos manufacturers and insurance companies. Here are just a few examples of our successes:
Donald Ferguson: was a painter who worked on homes and industrial sites around Victoria. Before applying the paint Don would have to scrape away mould that covered the walls of old factories. Tragically for Don the walls often contained asbestos, and with no mask to protect him, there was nothing to prevent the deadly substance from infiltrating his lungs. Don was diagnosed with mesothelioma and his condition deteriorated rapidly. Shine Lawyers moved rapidly to organise a bedside court hearing for Don so that he could give evidence while he was still well enough to provide his account. Don was awarded compensation of $450 thousand.
Other recent successes, include:
• Compensation in 2½ weeks - $300 000
• Former Carpenter - $220 000
• Asbestos Victim Who Smoked - $270 000
• Former Sandblaster - $535 000
In appropriate circumstances, it is possible to accelerate claims for damages compensation for asbestos disease to ensure they are finalised in the sufferer’s lifetime. In ordinary circumstances, an asbestos claim will be three to six months, which is the settlement date.
It is important that you obtain legal advice so that you can be prepared for some of the issues that may emerge as your condition progresses. If you obtain legal advice early, you will be well prepared to deal with many of the challenges that can emerge in the course of your claim.
It is very important to engage an asbestos litigation expert as soon as practical. Early investigation and information gathering is critical to the success of your claim. Our focus on personal injury compensation as the core business has enabled superior efficiency, development of bespoke systems and consistent performance. The quality of the evidence may affect the compensation amount. Your highest priority should be to maximize the extent of your physical and psychological recovery.
Our asbestos claim experts provide straight-forward legal advice to ensure you will be well prepared to deal with many of the challenges that can emerge in the course of your claim.
In an area as complicated as asbestos claims, the advice and assistance of experienced and committed legal professionals is essential to protect your legal rights as well as the best interests of your family.
That is why Shine Lawyers will only charge professional fees for asbestos related disease claims if the outcome is successful. In other words, no win – no charge. This policy ensures that everyone has access to justice and legal representation despite financial circumstances and we can help fight this heartbreaking disease.
Our asbestos lawyers offer an obligation free consultation on a confidential basis to personally assess your case and help reduce the stress and anxiety experienced from asbestos disease.
We have a specialist asbestos team who are dedicated to asbestos litigation claims with a proven track record of experience and knowledge in asbestosis, lung cancer, mesothelioma, or asbestos related pleural disease. Our asbestos lawyers have detailed knowledge assessment methods, which enable us to process your asbestos claim efficiently and with minimal stress.
For obligation free assistance in making a claim for an asbestos related disease, contact Shine Lawyers on 13 11 99.
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