Making a claim

When people talk about 'making a claim' they are generally referring to making a common law claim in a court.  Common law claims are claims for lump sum damages for negligence or breach of a statutory duty, usually brought against a former employer,  or a manufacturer. Over the years Turner Freeman has acted for thousands of people suffering from asbestos diseases in common law claims. 

Who can make a claim?

To successfully bring a common law claim as a result of exposure to asbestos, a person must be suffering from an a disease caused by that exposure.  The most common diseases caused by asbestos are mesothelioma, lung cancer and asbestosis.

Where are claims brought?

Claims are brought in the Supreme Court of the Australian Capital Territory or other similar courts in different states alleging that thier asbestos disease was casused by:

• the negligence of an employer, or occupier that had a duty of care to the person at the time of the exposure to asbestos, or
• the negligence of the manufacturer of the asbestos products.

There may be strict time limits in which a claim must be commenced.  In the Australian Capital Territory most of the damage avaliable to a person will survive for the benefit of their estate so long as the claim is commenced in thier lifetime.

If you have an asbestos related disease, it is important that you promptly contact a lawyer to obtain advice as to any rights you or your family may have.

How long does a claim take?

Generally speaking, claims for malignant diseases are run and completed within about six to nine months of first instructions, while claims for benign diseases such as asbetsosis take betweem one and two years.

However, we are expert in expediting matters and routinesly make applications to have claims dealt with faster due to the severe illnesses of our clients.

Damages and compensation

Most claims settle long before making it to court.

However, if the matter does not settle it will be necessary for the plaintiff to present his or her case before a judge.  The judge will decide, based on the evidence, whether or not the plaintiff succeeds in their claim agains the employer and/or manufacturer, the judge will make an award of damages.

In awarding damages, the judge will make findings as to a number of heads of damage, including:

• damages for pain and suffering;
• damages for loss of expectation of life;
• damages for economic loss (where a person can no longer work because of their dust disease); and 
• damages for past and future out of pocket expenses.

The amount of damages awarded for a claim will vary depending on the invidual circumstances of the claimant. A claim for a person suffering from mesothelioma or lung cancer who is not working or caring for others at the time of diagnosis is valued at approximately $175,000 to $275,000, once costs and disbursements have been paid.