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Home | Asbestos Disease Claims

Asbestos Law Experts

Turner Freeman has a long and proud history of representing victims of asbestos disease throughout Australia and overseas. We have the largest and most experienced dust diseases practice in Australia. In South Australia, Turner Freeman has represented more asbestos victims than any other law firm.

It is important that anyone diagnosed with a dust disease obtains legal advice regarding the compensation options available and before any claims are lodged.

We have continued to expand the nature of claims filed on behalf of victims suffering from dust diseases. Turner Freeman has litigated numerous test cases that have established important legal precedents and have changed the prospects for victims with asbestos related diseases.

Asbestos Disease Claims Information

Our Fee Policy in Asbestos Disease Claims

No Win No Fee Personal Injury Lawyers Adelaide | Turner Freeman Lawyers SA

For personal injury claims in the state of South Australia we act for our clients on a ‘No Win-No Fee‘ basis. In other words, unless we are successful in receiving compensation on behalf of the client they will not be charged for the legal work done by our firm or any expenses incurred when investigating the claim. Call 13 43 63 and speak to one of our personal injury lawyers for further information about our ‘No Win-No Fee‘ policy, conditions do apply.

Our South Australian offices are in Adelaide CBD and Whyalla.

Asbestos Disease Claims Lawyer

FAQ

What is asbestos?

What is asbestos?

Asbestos is a naturally occurring mineral. Because of its tough nature and heat resistant properties it was commonly used in Australia between the 1940s and 1980s in a variety of building materials, insulation materials and other products.

Its use was so wide ranging that it is impossible to exhaustively list products in which asbestos is found. However, some common materials which contain asbestos manufactured between the 1940s and 1980s include:

  • asbestos cement building materials, also known as "fibro";
  • asbestos cement pipes used for water, flues and drainage;
  • backing for vinyl and lino flooring;
  • insulation around pipes, boilers and other heated vessels, sometimes known as "lagging";
  • sprayed asbestos, often used for soundproofing and insulation;
  • electrical switchboards, both domestic and industrial.

Where might I have come into contact with asbestos?

Where might I have come into contact with asbestos?

Asbestos was commonly used in a number of industries between the 1940s and 1980s. We have acted for previous employees of James Hardie, Bells Asbestos, Newbrook Insulation, Bradford Insulation, Commonwealth and South Australian Railways, the BHP Shipyards and Steel Works Whyalla, PMG/Telecom, the Navy and ETSA Power Station workers.

Trades commonly associated with exposure to asbestos include manufacturers, laggers, boilermakers, fitters, electricians, welders, waterside workers, carpenters, tilers and Navy servicemen.

Exposure to asbestos can also occur outside of the workplace. Exposure may be suffered as a result of home handyman work such as renovation or demolition work, living with someone who works with asbestos, washing asbestos laden clothes or living near an asbestos factory.

If you are not sure where you have suffered exposure to asbestos and are suffering from an asbestos related disease, our lawyers will take a detailed history from you and investigate to identify where your exposure to asbestos has occurred.

How do I register my asbestos exposure?

How do I register my asbestos exposure?

Turner Freeman maintains a register for those who have been exposed to asbestos dust. Even if you have not been diagnosed with an asbestos related illness, it is important to note the fact of your exposure to asbestos in case you ever contract an asbestos dust related disease.

To register your exposure to asbestos with Turner Freeman, please complete a registration form by clicking here.

What sort of illnesses does asbestos cause?

What sort of illnesses does asbestos cause?

Asbestos causes a number of different types of illnesses, the most common of which are:

  • mesothelioma – a type of cancer which affects the lining of the lungs (the pleura) or the lining of the abdomen (the peritoneum);
  • lung cancer – cancer of the lung when caused or contributed to by exposure to asbestos, even if the person has also been a smoker;
  • asbestosis – interstitial or pulmonary fibrosis (scarring) of the lung;
  • pleural plaques – a scarring of the lining of the lung (the pleura) and an indicator of past asbestos exposure;
  • asbestos related pleural disease – other conditions which affect the lining of the lung (the pleura) including diffuse pleural thickening, rounded atelectasis and benign asbestos related pleural effusion.

How do I make an asbestos compensation claim?

How do I make an asbestos compensation claim?

If you have been diagnosed with an asbestos related disease it is important to seek expert legal advice at the earliest available opportunity. Telephone Turner Freeman on 134363 and you will be transferred to your nearest Turner Freeman office.  You should explain that you have been diagnosed with an asbestos related disease such as mesothelioma, lung cancer or asbestosis and you would like to speak to a lawyer.

We will organise an appointment with one of our specialist asbestos lawyers. If you are unable to travel we will visit you at home or in hospital.

We will take a history from you as to how you were exposed to asbestos and how the disease has affected you and your family. We will then prepare a "statement" which we will ask you to review and correct and then sign.

Whether you are entitled to compensation will usually be decided by the medical experts. We will obtain your medical records and/or medical reports and then advise you whether or not you have entitlements to claim compensation.

If you decide to proceed with an asbestos compensation claim we will then prosecute the claim to its finality through the Courts. If your case is urgent the claim will be fast tracked

When should I make an asbestos disease claim?

When should I make an asbestos disease claim?

In South Australia there are time limits in which to make a claim for any type of asbestos related disease. Claims must be commenced within 3 years of the date that you become aware that you are suffering from an asbestos disease.  It is possible to obtain an extension of time however if you are outside this time limit.  We can provide you with advice about obtaining an extension of time if you are outside the 3 year time limit.

If you have been diagnosed with a malignant asbestos related disease such as mesothelioma or lung cancer, it is important that your claim is made as soon as possible. For all of your legal entitlements to compensation to be protected, a claim must be filed within your lifetime.  It is possible to file a claim while we are still investigating to protect your legal rights.

Claims for loss of dependency as a result of the death of loved one from an asbestos related disease must be commenced within 3 years of that person's date of death.

What can I claim for?

What can I claim for?

Claims for asbestos disease usually result in lump sum compensation which includes payments for pain and suffering, loss of expectation of life, out of pocket expenses (including medical expenses), care and assistance required as a result of asbestos disease, the loss of the ability to care for others as a result of asbestos disease, loss of earnings and in some cases, exemplary damages.

Sufferers of malignant asbestos diseases such as mesothelioma and lung cancer usually receive payments in the vicinity of $250,000 - $400,000 in addition to any claim for loss of earnings.

If you were dependent upon someone who has died as a result of an asbestos related disease, it is possible to claim for loss of financial dependency and loss of services. Funeral expenses can also be claimed where someone has died as a result of an asbestos related disease.

How much will my legal costs be?

Our fees in Dust Disease Claims

Turner Freeman acts for all victims of asbestos and dust related disease on a "no win, no pay" basis. Unless we are successful in obtaining compensation we will not charge for any of our costs and disbursements.

We will fund all of the out of pocket costs associated with the claim including medical reports and Court fees.

The amount of your legal costs will depend upon the amount of work required and the stage at which your case resolves. We will give you an estimate as to your likely costs at your initial appointment.  The majority of your legal costs will be recovered from the defendant upon successful completion of the claim.

No Win No Fee Asbestos Compensation Lawyers

Turner Freeman Lawyers work on a ‘No Win No Fee’ basis for asbestos disease compensation claims.

Call 13 43 63 to organise an appointment with one of our specialist asbestos lawyers. Our SA offices are located in Adelaide and Whyalla.

How long will my claim take?

How long will my claim take?

Each case is different and the amount of time that is needed to complete a claim depends upon many factors.

Generally, mesothelioma and lung cancer claims are completed between 2 and 4 months. Claims can be completed within days or weeks if needed.

Claims for other types of asbestos related disease usually take longer, and depend upon the urgency of each case. Other dust disease compensation claims are completed within 12 months.

Turner Freeman Important Victories

The managing partner of Turner Freeman Adelaide, Annie Hoffman, has run more asbestos cases to trial in South Australia than any other lawyer. She has run a successful series of litigation against BHP in South Australia, which has paved the way for other South Australian asbestos victims.

Turner Freeman also has the largest and most experienced asbestos practice in Australia.

Some of our notable victories include:

  • the first product liability claim against an asbestos manufacturer, James Hardie & Coy Pty Limited, in Australia;
  • the first judgment in favour of a child born at the township of Wittenoom and exposed to blue asbestos dust;
  • the first verdict on behalf of a waterside worker suffering from asbestos related disease;
  • the first judgment in favour of a mesothelioma victim who contracted the disease after home renovations;
  • a series of successful verdicts on behalf of workers suffering from asbestos induced lung cancer;
  • the first verdict in a contested claim in the District Court of South Australia under the Dust Diseases Act 2005 (SA);
  • the first award of exemplary damages under the Dust Diseases Act 2005 (SA).

Who do we represent?

We Represent the Members of:

  • the Asbestos Victims Association of South Australia based in Adelaide;
  • the Whyalla Asbestos Victims Support Group in Whyalla;
  • the Asbestos Diseases Foundation of Australia based at Granville in Sydney;
  • the Queensland Asbestos Related Disease Support Society based in Brisbane;
  • the Australian Manufacturing Workers’ Union in NSW and SA;
  • the Electrical Trades Union of Australia in NSW.

Turner Freeman represented the coalition of unions and asbestos support groups at the James Hardie Inquiry.

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