Being diagnosed with an asbestos related disease is a challenging and upsetting time for any claimant. It is important that anyone diagnosed with an asbestos related disease seeks immediate legal advice regarding their potential compensation entitlements. If there is an entitlement to claim compensation for an asbestos related disease, it is also important that claimant selects a lawyer with a strong focus on all of the evidence required to maximise a payout.
Liability
Liability is the first hurdle to be tackled. Depending on where a claimant was exposed to asbestos, a number of investigations are likely to be undertaken.
If an asbestos related disease developed as a result of work-related exposure, employment records can be very helpful to assist with establishing liability.
A claimant’s lawyer may also look to take statements from co-workers on what they witnessed in terms of exposure to asbestos dust.
If the disease developed as a result of renovations or building activities around the home, statements from family members that witnessed the exposure can be helpful. Further evidence could involve photographs of the home to assist with product identification.
The above are just some examples of the evidence required to establish causation of an asbestos related disease. A lawyer well experienced in this area will ensure no stone is left unturned with respect to obtaining evidence to establish exposure.
Medical evidence
It is also important to obtain expert medical evidence to confirm matters such as diagnosis, prognosis, care requirements, staging of care requirements and symptoms. This evidence will then assist with ensuring every available head of damage is claimed.
Pain and suffering
Pain and suffering, loss of life expectancy and impact on recreational activities is compensable for an asbestos related disease.
In order to maximise this head of damage, detailed evidence should be taken from the claimant by way of statement or affidavit to provide in depth detail of all the ways in which the claimant’s life has been impacted as a result of the disease.
Statements from loved ones are also helpful to assist in demonstrating the impact of the disease.
Economic loss
If a claimant is diagnosed with an asbestos disease and they were still working at the time of diagnosis, they are entitled to bring a claim for economic loss. A forensic accountant’s report is often crucial to assist with maximising the full extent of the claimant’s economic loss going into the future.
Care and assistance
The care and assistance that a claimant receives from loved ones by way of gratuitous care is claimable. A report from an Occupational Therapist is often very helpful to assist in calculating these care requirements.
It is also important to obtain statements from any of the care providers with a detailed breakdown of the hours of care provided.
With respect to future care requirements, paid commercial care is also claimable as well as gratuitous care. If it is the case that a claimant wishes to ease the burden on loved ones and purchase commercial care, it is important that this point is well clarified in a claimant’s evidence and a report from an Occupational Therapist will then detail the hours of care and the commercial rates of such care going into the future.
Lost services
In QLD and NSW, if at the time of receiving a diagnosis of an asbestos related disease, the claimant was responsible for the care of another person, for example, a husband who is the full-time carer of his wife with a medical condition can attract a lost services claim.
If for example, the wife has a back condition or is legally blind, it is important to obtain evidence from an expert in the relevant field to detail the care requirements of the person who usually receives the care from the claimant.
A report from an Occupational Therapist and family members is also very important to demonstrate the extent of the care requirements that the claimant can no longer provide.
Future medical services
A report from a respiratory physician is crucial to establish all of the future medical requirements of a claimant who is suffering from an asbestos related disease.
Summary
It is always crucial that a lawyer acting for a claimant with an asbestos related disease is thorough and focused on obtaining all necessary evidence to ensure full compensation entitlements are protected and maximised.
