The process of an asbestos case
When you work with Slater and Gordon, you’ll have the support of a team of caring lawyers, law clerks and support staff with over 35 years of experience fighting hard to get you the compensation you deserve.
We’ll ensure we make the entire process as simple and stress free as possible for you, while fighting fiercely behind the scenes, so you can concentrate on what’s important. Many members of our team have worked together for many years; we know how to pave the way for you together.
Every asbestos case is different. They can take as little as a few weeks depending on your case or your health, but there are a number of steps you may go through in the process. Our expert and caring team of experts will guide you through all of these stages to ensure you get the best possible outcome.
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We'll obtain some basic information from you concerning your health and your exposure to asbestos, so we can start to assess your potential claim. In most cases when you have a diagnosis, we'll make an appointment for you to meet a lawyer at a time and place that suits you.
We'll issue a Writ
A Writ is an official notice to the court, notifying them of your intent to take action. We'll issue this as soon as practicable, to protect your rights to compensation for pain and suffering.
We'll apply for a speedy trial
Where your health requires it, we'll apply for a 'speedy trial' and obtain an expedited timetable for the conduct of your claim from the Court. The timetable is based upon medical evidence.
We'll obtain medical evidence
We'll obtain all medical material needed to support your claim. You may need to see a doctor/s as part of this process. If you're unwell, a doctor can visit you at your home or in hospital.
You'll need to swear some documents
It's likely that you'll need to swear a couple of documents during the life of your claim, for example stating what relevant documents if any you have in your possession. We prepare these documents on your behalf. If you cannot leave home easily to swear the documents, we'll assist you to have them sworn at home.
Your case will likely settle at the pre-trial stage
All cases are the subject of pre-trial negotiations, and the vast majority resolve at this time. Sometimes it may take several meetings or discussions to reach settlement. The Court is actively involved in the process of ensuring the parties explore settlement as long as the discussions are fruitful.
Once settlement is reached, we have a dedicated staff member whose job it is to finalise everything and get your money to you as quickly as possible.
All cases are listed for Trial; hardly any cases proceed to Trial and verdict, although sometimes they may reach “the door of the Court”. We'll guide you through this process if necessary and ensure you understand why your case is proceeding to Trial.
If you've been exposed at any point, you have rights to compensation
If you have an asbestos-related disease, it's possible you can make an asbestos claim even if:
You have since left that employment where the asbestos exposure occurred
Your asbestos exposure occurred many decades ago
You have worked for many employers
You were self-employed or a contractor
Your employer went out of business years ago
You were a heavy smoker
You are not sure where or how your asbestos exposure occurred
Your exposure occurred interstate or overseas
The vast majority of people diagnosed with an asbestos related disease in Australia have valuable rights to compensation.
You could be entitled to a range of benefits
If you have been diagnosed with an asbestos related disease, it's very likely that you're entitled to asbestos compensation. Compensation may include amounts for:
Pain and suffering and loss of enjoyment of life
Past and future medical expenses
Past and future loss of income
The commercial cost of assistance around the home, in the garden and nursing care (even if that assistance is being provided voluntarily by relatives and friends)
Out of pocket expenses, such as travel to medical appointments
If your partner or a family member dies as a result of an asbestos related condition, a claim for compensation may still be available to the estate and/or the dependants of the deceased. The claim may be limited to the financial consequences of the death.
We have the compassion and spirit to fight your case properly, contact us today
We're proud to act for people from all walks of life, some with life threatening asbestos related illnesses, others with illnesses that limit their enjoyment of life. If you have an asbestos related injury and the claim is worth your while, we would be honoured to act for you.
Get in touch today and we can:
Help you understand what you’re entitled to, at no initial cost or obligation
Help you get compensation for your illness
Make the entire process simple for you, by coming to your home or hospital
Help you work out how you were exposed. We'll conduct all necessary investigations and inquiries, with the help of our database.