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One of the saddest aspects of contemporary life is that some people who have been exposed to asbestos develop significant adverse health consequences.
most serious consequence is mesothelioma. Mesothelioma can only be caused by exposure to asbestos and is usually fatal.
Kells has represented several people who have been exposed to asbestos. There are normally difficulties with an asbestos case. Some of the challenges are establishing when the exposure happened and who is responsible. Another concern is the appropriate damage people can recover.
Proving exposure can be difficult. Often someone has been exposed to asbestos in the course of their job or during renovations. Taking a detailed and complete history is crucial. The length of time people have been exposed to asbestos can be very significant. For example, there were several manufacturers of asbestos products in Australia. For some periods, there was only one asbestos manufacturer. When dealing with new products, establishing the precise exposure period can be vital.
Kells recently acted in a case where we were able to establish the exposure accurately. During this period, the only asbestos manufacturer was James Hardie. It could be proven that new asbestos products were used and in those circumstances liability could be established.
In some cases, damages are relatively straightforward. In a more recent case, we acted for a gentleman in his mid-70s who was still very active at work and had several young children. His affairs were complicated. We called in a forensic accountant to establish his loss with precision.
Ultimately, the case was settled in mediation for a total payment of $1,750,000.
If you need help with a dust disease case, please contact our highly experienced and caring compensation attorneys.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
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