Environmental Disaster Compensation Claims – Summary

Compensation claims may possibly be made if you have suffered illness or injury as the result of your immediate environment being polluted. Examples of environmental compensation claims may include claims for:

  • chemical exposure
  • unnatural flooding
  • water or air contamination
  • farm crop spraying and/or consequential crop damage

Frequently Asked Questions

Will you run my claim No Win No Fee?

Yes. Roche Legal offers No Win No Fee representation to everyone with a qualifying claim. Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.

Do I have a claim for compensation?

For a claim to be successful you need to show that a wrongdoing by a company or industry has caused your loss.

Who can I bring the claim against?

The claim is brought against the insurer of the  company or organisation that was at fault.

What can I claim compensation for?

You can seek compensation for the loss and damage experienced by you as a result of the environmental disaster.

You may also seek an injunction to prevent this happening in the future.

What has to be proven for my claim to be successful?

We need to prove that:

  • someone other than yourself is at fault; and
  • this fault has caused your loss.

Are there any important time limits to bring a claim?

In environmental cases, the time limit is six years from the date the environmental damage occurred or six years from the date the damage was discovered.

This means that even if the damage occurred longer than six years ago. You may still be able to make a claim if it can be shown that you were not aware of the damage or it was not reasonably apparent until a particular time and that you made a compensation claim no later than six years after that time.

Who pays me the compensation?

Usually it is the insurance company of the organisation or individual at fault.

How much compensation can I claim?

It is not possible to answer this question until all the facts and medical evidence are known. We will give you an estimate as soon as we are able to do so.

How long does a claim for compensation take?

This is difficult to answer with certainty as it depends on many factors. We can guarantee however that we move as quickly as possible and that we assisted in this endeavour by the state of the art specialised personal injury litigation platform we use. This is the same platform used by the Number 1 personal injury law firm in the USA, customised for Australian conditions.

As you can appreciate, we do not drag our feet. It is in your interests to have your claim finalised as soon as possible and we don’t get paid until we do – enough said.

Can I make a claim on behalf of the estate if the injured person has passed away?

Possibly. You may be able to make a death dependency claim if your loved one has been killed due to the fault of a third party.

You will need to be able to show:

  • what the nature of your dependency is;
  • how it arose;
  • how long you have been dependent upon the deceased;
  • the length of time it would have been most likely to continue; and
  • what the monetary value of the loss of dependency is.