About Asbestos
Asbestos is a general term for a group of naturally occurring minerals.
Asbestos minerals can be separated into strong, very fine fibres that are
durable, flexible and heat resistant. Because of these qualities, asbestos has
been used in many industrial and consumer products for example in asbestos
cement sheeting (or more commonly known as “fibro”) and in insulation products.
Asbestos presents a hazard if fibres of a respirable size become airborne and
are then inhaled.
Hundreds of thousands, if not millions of Australians have been exposed to
asbestos at some time throughout their life. As a result of this exposure,
people can, and have contracted asbestos conditions.
Asbestos conditions include mesothelioma, lung cancer, asbestosis, asbestos
related pleural disease, pleural thickening and pleural plaques. These
conditions usually have a long latency period between the date the worker was
exposed, and the date the condition develops. For example, the average latency
period for mesothelioma is approximately 35 years.
Workers such as carpenters, laggers, power station workers, labourers, those
who were in the Australian Navy and those employed in the asbestos industries
represent some of the groups that have been most affected by the dangerous
effects of asbestos. However, cases of mesothelioma have been known to occur in
persons exposed to a very small quantity of asbestos.
The dangers of asbestos have been known about for many years. Numerous
studies and papers have been published from the early 1900’s onwards in respect
of its dangers. Unfortunately, the dangers of asbestos were ignored and as a
result, there are increasing numbers of people developing asbestos conditions.
Making a claim for damages
Depending on the state in which you live, there are various ways in which you
can seek compensation in situations where a former employer acted negligently in
respect of your exposure to asbestos. Action can even be taken in the state in
which you worked even though you now reside in a different state.
It is critically important that you contact a solicitor who is experienced in
this form of litigation. Acting through an inexperienced solicitor can harm your
case and negate your ability to seek compensation.
Legal Fees
Depending on the law firm, the first consultation is usually free.
If you solicitor forms the view that you have a viable claim, they will most
likely undertake work on your behalf on a “no win, no fee” cost arrangement.
That is, throughout the duration of your case, they will fund all disbursements
such as filing fees, the payment of medical and expert reports, investigation
expenses, photocopying expenses and other administration expenses. The costs of
these disbursements will only be recoverable if you are successful in your
claim. Further, the cost of their professional time will only be recoverable if
you are successful. In other words, they only get paid if you win your case. If
unsuccessful in the action, the litigant may be ordered to pay the other parties
costs, but not your solicitor’s costs. This however must be looked at in its
proper perspective keeping in mind the advice you receive from your solicitor
both initially and throughout your case.
FURTHER INFORMATION AND ASSISTANCE
Consulting with a solicitor in relation to a possible claim for damages is
perceived as a daunting experience. This perception is often made worse when the
client has contracted an asbestos condition, and in particular one of a
malignant nature. However, it is important that you and your family are fully
aware of your rights so that an informed decision can be made.
It is critically important that you seek legal advice from a solicitor
experienced in Asbestos Litigation.
Please call AussieLegal on 1300 728 200 for assistance and a
referral to a recommended specialist law firm.
