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April 26th, 2005
A new Queensland law regarding compensation claims for mesothelioma victims could result in the end of defendants delaying the process of compensation payout in order to avoid having to make a payment for compensation. Often, mesothelioma victims file a claim for compensation but the process can take so long that the plaintiff dies before any compensation has been awarded. The new law will change this.
Under the new law, even when a claimant dies, the relatives of the claimant will be able to pursue the compensation claim and see the process through to the bitter end. The changes have been made to the 1981 Successions Act and the 1974 Actions Act, and will ensure that the claim of the injured party lives on even if the person dies during the compensation proceedings.
The Minister for Justice and Attorney General stated: If a person suffering from an asbestos-related disease dies before their claim for compensation is finalized, their family will be able to still pursue the claim. This change will stop defendants in Supreme Court cases from trying to drag out proceedings until the victim has died."
The changes have been greeted with enthusiasm by lawyers that work on behalf of mesothelioma victims. One lawyer stated: "Terminally ill asbestos victims should be focusing on their quality of life and enjoying time with their family, not worrying about courts and lawyers. Previously most compensation was lost if a person died before their case was concluded, a fact which could encourage defendants to delay proceedings and try to outlast the dying plaintiff."
