Dust Disease Claims

Cases are only as strong as the evidence that can be produced to support them. Although our Team are experts in obtaining evidence and preparing cases, it is crucial that you take steps to preserve evidence yourself early on.

If safe to do so you should:

• take photographs of the hazard and the surrounding area
• note details of any witnesses or surrounding CCTV cameras
• keep copies of any relevant documents (such as receipts, invoices) or any physical evidence.

In some situations, such as a case involving a road or road-related area, you may be required to formally report the incident with the responsible body.

Arrange an appointment to see your General Practitioner as soon as possible. You should give your General Practitioner a clear history of how you were injured and the nature of your injury.

It is important to get expert legal advice as soon as possible, whether you have reported your incident or not. At Fortitude Legal we are in your corner and we are here to assist you.

We will let you know where you stand. Make an appointment to speak to us at your convenience. There is no fee and no obligation for this appointment.

On choosing to proceed with Fortitude Legal, we will immediately take steps to activate your compensation entitlements if that has not already taken place.

We will ensure you understand and are receiving the full extent of your entitlements, including medical and like benefits and Loss of Earnings/Loss of Earning Capacity benefits.

At Fortitude Legal we do not hesitate. After taking detailed instructions from you, we will work out what additional evidence may be required and seek to preserve this evidence before it is destroyed, or in the case of witnesses, before their recollection fades.

We will also commence obtaining your medical records and reports as well as your pay and tax records. We will then formulate a strategy personalised to your claim and will decide upon any expert witnesses that may be required (ranging from medico-legal experts to engineers and safety experts).

It may also be necessary for us to perform a site visit where you were injured for the purpose of taking photographs and notes.

To assist us understand the full nature and extent of your injuries as well as to perform assessments in accordance with legal thresholds, it is necessary for you to attend independent medical examinations with medico-legal doctors.

These examiners must be independent and have the appropriate qualifications to assess you in accordance with the requirements of the law. These examiners do not treat you and their role is to provide reports that assist us.

This is not to say that your treating medical practitioners are any less important, as they in fact are paramount in providing you with treatment but also in providing us with medical reports from time to time.

Medical reports are used to establish various matters such: the history of your injury, the diagnosis of your injury, the treatment you have undergone and will likely require, the prognosis, your capacity for employment and rehabilitation and any pre-existing medical conditions.

At Fortitude Legal we pride ourselves on expertly and thoroughly preparing and presenting your claim to the other side, as we want to give you the best opportunity to resolve your claim without needing to resort to Court proceedings.

As a result, due to our skill and expertise a significant number of Public Liability claims can be satisfactorily resolved without proceeding to Court. However, each claim is unique and sometimes there are issues with the evidence which means the claim may need to be tested in Court.

We will provide you with honest, clear legal advice about the merits of proceeding to Court and the risks involved so you can make an informed decision.