Exposed to Asbestos Can I Sue?

Understanding Asbestos Exposure and Legal Options

Asbestos is resistant to heat, fire and electricity and as such, asbestos products were commonly used in building, construction and insulation, in particular between 1940 and 1987. It was widely used in fibro sheeting, drains, roofs and gutters, as well as in brake pads of vehicles.  It is now banned nation-wide due to asbestos related disease, but exposure risks remain, particularly in older buildings and specific work environments such as:

• Residential and Commercial buildings
  • Demolition of older properties often disturb asbestos-containing materials and building products. This is commonly seen in home renovations
• Industrial and Contruction workplaces
  • Sites with old pipes and boilers may still contain asbestos
• Mining Communities
  • Soil and waste products from these operations often contained hazardous fibers
• Secondary exposure
  • workers handling asbestos materials often brought fibers home on clothing leading to secondary exposure for family members

If you've been exposed to asbestos and have developed an asbestos related disease, you may be entitled to submitting an asbestos compensation claim. It does not matter whether you were exposed in the course of your employment and the condition is work related, or you were exposed to asbestos products elsewhere - you may have compensation entitlements through an asbestos claim.

What Is Asbestosis Exposure?

When Asbestos is inhaled, the fibers become highly toxic, leading to severe and often fatal health conditions, including Asbestosis, a type of scarring on the inside of the lungs.

There are different types of asbestos related diseases; some more toxic than others, but all types of asbestos have been classified as carcinogenic.

When working with asbestos, fibers can be inhaled, the inhaled fibers get trapped in the lungs, eventually causing scarring and stiffening.

In some instances, exposure to asbestos can cause lung cancer or mesothelioma, a rare type of cancer.

The symptoms of asbestosis can present 10-20 years after the asbestos exposure occurred, and can include:

• shortness of breath
• crackling sounds when breathing
• loss of appetite
• dry cough
• weight loss
• swelling or ‘clubbing’ at the end of the fingers

Am I Eligible to File an Asbestos Exposure Claim?

You may be eligible to pursue an Asbestos compensation claim in relation to asbestosis regardless of when the exposure to asbestos occurred.  Asbestos claims for damages can include lump sum compensation for pain and suffering and loss of enjoyment of life, past and future medical expenses, past and future loss of income, care expenses including gardening and nursing care, and out of pocket expenses such as travel to appointments.

In the event that a partner or family member dies as a result of an asbestos related disease such as mesothelioma, a family member may still be able to commence legal action to recover lump sum compensation for the financial consequences of their loved one’s death.

It is important to seek legal advice from an experienced lawyer specialising in dust diseases in respect of a potential asbestos claim. It is crucial to devise a timeline of past asbestos exposure as best as you are able, which ultimately led to the asbestos related disease. Our team of expert lawyers will act on your behalf No Win No Fee and will provide certainty around legal fees should your claim be successful.

If you, or someone you know, requires assistance with the legal process surrounding a compensation claim for asbestos disease, contact Fortitude Legal today and speak to a lawyer for expert advice. We have a team of specialist lawyers with extensive experience asbestos and dust diseases.  We will fight for you, explain your claim in clear terms free of legal jargon, progress your claim promptly and minimise any inconvenience caused by the claims process.

Asbestos-Related Diseases: What You Need to Know

When disturbed, asbestos fibres can be inhaled or ingested, lodging in the lungs or other tissues. The health effects are severe and often manifest decades after exposure, such as:

• Asbestosis: A chronic lung condition caused by scarring from asbestos fibres.
• Mesothelioma: A rare, aggressive cancer of the lining of the lungs.
• Lung Cancer: Increased risk for those exposed to asbestos.

Asbestos Claim Types and Potential Compensation

What Kind of Claims Can Asbestos Lawyers Help With?

• Medical and like expenses
• Weekly payments for loss of work capacity if you were exposed at work
• A lump sum Common Law damages claim

Why Hire an Asbestos Lawyer?

Asbestos claims often involve intricate legal and medical issues, particularly because the diseases caused by asbestos dust, like mesothelioma, asbestosis, and lung cancer, can take decades to develop. This is called the latency period. An experienced asbestos lawyer brings specialised knowledge in these cases, including:

• Medical Expertise: Understanding the medical aspects of asbestos related diseases and how they progress over time. This helps in gathering the necessary medical evidence to support the claim.
• Industry Knowledge: Familiarity with industries and occupations historically associated with high levels of asbestos exposure, such as construction, shipbuilding, and manufacturing.
• Navigating Legal Precedents: Asbestos lawyers are well-versed in the legal precedents surrounding asbestos claims, helping clients to effectively argue their case and maximise their chances of success.

How Do Asbestos Lawyers Prove Asbestos Exposure?

Eligibility for compensation in asbestos claims often depends on proving the exposure to asbestos directly caused the asbestos related disease. Asbestos lawyers can help navigate these requirements by:

• Establishing Causation: Determining and proving the link between the client’s illness and exposure to asbestos, even if exposure occurred many years ago. This can involve gathering employment records, medical histories, and expert testimonies.
• Understanding Time Limits: There are strict time limits for submitting asbestos claims. Asbestos lawyers are familiar with these deadlines and can ensure that your claim is filed within the appropriate timeframe to avoid missing out on compensation.
• Eligibility for Different Compensation Types: Asbestos lawyers can help clients determine if they are eligible for workers’ compensation, personal injury claims or wrongful death claims, ensuring the asbestos claim is filed with the correct entity and according to the correct jurisdiction.

Finding the Right Asbestos Lawyer for Your Case

Dealing with the physical, emotional, and financial toll of an asbestos related diseases can be overwhelming. Working with a specialist lawyer allows clients to focus on their recovery while the lawyer handles the legal aspects of the case. This includes:

• No Win No Fee: Clients are not required to pay legal fees in asbestos claims unless is successful. This provides financial security and ensures that the client is not burdened with upfront legal costs for their asbestos claim.
• Compassionate Approach: Our expert team understand the sensitive nature of your asbestos claim and provide a compassionate and empathetic approach, supporting clients and their families throughout the legal case.