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Home | Personal Injury & Compensation Law | Asbestos Disease Claims

Asbestos Law Experts

Turner Freeman is a leading firm in the area of asbestos litigation. Our commitment to those affected by asbestos related illness is unparalleled in Australia.

If you have been diagnosed with asbestos disease you may be entitled to claim compensation.

Turner Freeman has a proud record of successfully completing more dust diseases compensation claims than any other law firm in Australia.

Types of Asbestos Diseases

Turner Freeman Lawyers are experts in handling asbestos compensation claims for all types of asbestos disease including:

Our No Win No Fee policy in Asbestos Disease Claims in WA

No Win No Fee Personal Injury Lawyers Perth | Turner Freeman WAFor our Asbestos Disease Claims, we work on No Win No Fee basis. We also offer home and hospital visits if you are unable make it into our office. Our WA office is located in Perth CBD.

Contact Kacey Wuelfert on (08) 9325 0900, Partner who is our specialist dust disease solicitor.

Our Asbestos Disease Claims Lawyers in WA

FAQ

What is asbestos disease?

What is asbestos disease?

There are various forms of asbestos disease. They can be broadly set out as follows:

  • Mesothelioma – is an incurable cancer of the outer lining of the lung [the pleura] or the lining of the abdominal cavity [the peritoneum] which can be caused by relatively low exposure to asbestos fibres.
  • Lung Cancer – a cancer of the lung tissue which can be caused by significant exposures to asbestos, even where other factors are also present such as a history of smoking.
  • Asbestosis – scarring in the lung tissue that is usually caused by significant exposures to asbestos dust and fibre. Although not a form of cancer, this condition is usually progressive.
  • Pleural Plaques – calcium deposits on the lining of the lungs that are generally seen as markers of past exposure to asbestos. Pleural plaques can cause breathing restriction and chest pain.
  • Asbestos Related Pleural Disease – other conditions affecting the pleura caused by asbestos exposure which can also cause breathing difficulties and chest pain.

Can I make an asbestos claim?

Claiming for asbestos

If you have been diagnosed with an asbestos disease you may have a claim for lump sum compensation. At Turner Freeman Lawyers our experienced asbestos lawyers can provide expert advice on an obligation free basis on any compensation entitlements you can pursue in respect of your past asbestos exposure.

It does not matter, when making asbestos claims, that:

  • You have left the workforce and are retired;
  • You have no way of proving your asbestos exposure other than your own testimony;
  • Your employer no longer exists;
  • You smoked;
  • You were self-employed or worked as a contractor;
  • Asbestos removal has, or is taking place;
  • Have no money to fund litigation.

Can I claim for work related asbestos disease?

Yes.

Work related asbestos disease

Anyone who contracts a disease caused by exposure to asbestos while at work in Western Australia may be eligible for a significant workers compensation lump sum payment.

Diseases like the asbestos cancer mesothelioma, asbestosis or other asbestos related lung cancers can still attract lump sum compensation even when the asbestos exposure occurred many years ago.

Can I make a claim under Common Law?

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. Generally speaking greater entitlements are available through court claims for persons who have been exposed to asbestos in Western Australia and develop an asbestos disease than through workers’ compensation claims.

Can I claim for non-work related asbestos disease?

Yes.

Non-work related asbestos disease

Anyone exposed to asbestos in Western Australia outside of direct employment may pursue damages or compensation in court and significant lump sum compensation may be obtained.

Those eligible for this type of compensation include persons who are self employed, home handymen, housewives washing their husband's work clothes and residential exposures at Wittenoom.

Under the law of negligence, damages or compensation is usually made up of a number of different components including:

  • pain, suffering and loss of amenities;
  • out of pocket expenses;
  • loss of life expectancy;
  • future out of pocket expenses (such as future surgical costs, ongoing physiotherapy, home services such as lawn mowing etc);
  • the income you have lost since contracting the condition;
  • the income you are likely to lose in the future because of the condition;
  • payment for time spent by loved ones in caring for you due to the condition.

Claims for damages or compensation for asbestos disease can be fast-tracked where appropriate to finalise the claim in the sufferer’s lifetime.

What costs are involved with a claim for asbestos disease?

Costs involved

At Turner Freeman Lawyers we offer an obligation free initial meeting to assess your situation and advise you about your legal rights and options.

Our specialist asbestos disease lawyers offer “no win no fee” terms, which means we are not paid until your compensation claim is successful.

In workers' compensation claims for asbestos disease, legal costs are restricted to a scale which is issued by the Legal Costs Committee of Western Australia. We also offer our services in accordance with our No Win No Fee” policy.

In a successful court action the Defendant (meaning the negligent party sued) will pay a contribution towards your legal costs and disbursements. In our experience a negligent Defendant will pay a contribution of approximately 50% of your total legal costs and disbursements on top of any damages awarded.

In any claims for asbestos disease we will always ensure you recover the majority of your compensation funds clear of costs.

How long will it take to complete my claim?

How long will my claim take?

If needed, claims for mesothelioma and lung cancer can be completed in a very short period of time. In our experience these claims take approximately 4 months to resolve.

In the instance a person dies from an asbestos disease before the claim is finalised in their lifetime the estate and any dependants can continue the claim and recover compensation. It is extremely important for the claim to be brought in a person's lifetime to ensure all compensation entitlements are recovered.

If you are the widow or dependant of a person who has died from an asbestos disease and no claim was made in their lifetime you may still have compensation entitlements available to you.

A claim for asbestosis or asbestos related pleural disease takes longer to complete through the court system but again, this depends on the urgency of the claim.

Most cases are resolved within 6 to 12 months.

The vast majority of cases we take on are resolved within the sufferer's lifetime.

Should I call a lawyer after being diagnosed with an asbestos disease?

Yes.

Strict time limits apply to making claims. You should seek advice from Turner Freeman Lawyers immediately to ensure your compensation entitlements are protected. Failure to do so may jeopardise your claim.

Our first consultation is obligation free so there is no downside in requesting some initial advice.

Can I make a claim for a loved one that died from asbestos disease?

Yes.

Claiming for a loved one that passed away from asbestos disease

Compensation can generally be pursued in circumstances where a family member has tragically lost his or her life from asbestos disease.

Again, time limits apply to making these claims and you should seek immediate advice from Turner Freeman lawyers to ensure your compensation entitlements are protected. Failure to do so may jeopardise your claim.

Register your asbestos exposure

Register your asbestos exposure

Turner Freeman maintains thousands of files for people who were exposed to asbestos. To add your details to our National Asbestos Register, please click here.

About our asbestos experience

Turner Freeman Lawyers has been representing victims of asbestos disease since 1982. Read more about our experience in asbestos disease claims here.

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