The dollars don’t make sense – A comparison of pain & suffering damages awarded in asbestos litigation across four statesAuthor : Andrew Seiter, Partner and Natasha Sung, Solicitor

General Insurance

In December 2011, the Victorian Court of Appeal upheld a “record” jury award of general damages to a mesothelioma victim in the amount of $730,000.

On the afternoon of Wednesday 18 April 2012, and on the eve of the High Court’s decision to hear an appeal in respect of this award, Amaca Pty Ltd (formerly James Hardie & Co Pty Ltd) discontinued its special leave application, thereby removing from the High Court the opportunity to comment on the disparity of general damages awards in the asbestos litigation between the states.

Please click on the link below to read a case note which discusses four recent and significant mesothelioma cases. Each claimant suffered from mesothelioma, yet the courts took very different views as to how the claimant’s pain and suffering should be compensated. The case note analyses why there is such disparity between the Australian states and considers the implication of this for underwriters and claims managers alike.

If you have any questions, please contact Andrew Seiter, Partner or Natasha Sung, Solicitor.

andrew.seiter@wottonkearney.com.au
natasha.sung@wottonkearney.com.au

Case Note: A comparison of pain & suffering damages awarded in asbestos litigation across four states

20/04/2012