GENERAL ENQUIRIES13 535 57
WOLLONGONG(02) 4221 9311
SHELLHARBOUR(02) 4295 8400

Insights

One of the saddest aspects of contemporary life is that some people who have been exposed to asbestos develop substantial adverse health consequences.

The most severe consequence is mesothelioma. Mesothelioma can only be caused by exposure to asbestos and is generally fatal.

Kells has acted for several people who have been exposed to asbestos. There are normally difficulties with an asbestos case. Some of the challenges are establishing when exposure occurred and who is responsible for that. Another concern is the appropriate damages that people can recover.

Exposure

Proving exposure can be difficult. Often someone was exposed to asbestos in the course of their employment or doing renovations. Taking a detailed and comprehensive history is crucial. The period that people were exposed to asbestos can be very important. For instance, there were several manufacturers of asbestos products in Australia. During some periods there has been only one manufacturer of asbestos. When dealing with new products establishing the precise period of exposure can be vital.

Kells recently acted in a case where we could establish exposure with precision. During this period, the only manufacturer of asbestos was James Hardie. We could prove that new asbestos products were used and in those circumstances, liability could be established.

Damages

In some cases, damages are relatively straightforward. In a more recent case, we acted for a gentleman who was aged in his mid-70’s but was still very active in work and had several young children. His business affairs were complicated. We used a forensic accountant to establish his loss with precision.

The result

Ultimately, the matter was settled at mediation for a total payment of $1,750,000.

If you need assistance in any dust diseases case, please reach out and contact our highly experienced and caring compensation lawyers.