Within three years of when you first become aware that you’ve suffered injury which was caused by your employer or manufacturer of products you have used.

We recommend speaking with our mesothelioma lawyers as soon as possible after diagnosis of an asbestos disease to ensure you receive your full entitlements.

You must prove that it is more probable than not that your employer or a manufacturer breached their duty of care and this breach made a material contribution to the cause of your injury.

To determine this, the extent, duration and intensity of the asbestos exposure is examined.

Our asbestos lawyers can help determine who the responsible party is for your injuries and lodge a claim on your behalf as soon as possible.

Yes.  You can claim the cost of burial or cremation, family counselling services, medical and associated treatment between the date of your loved one’s injury and death. 

You can also claim a weekly pension and a substantial lump sum payment.  In some cases, you may also have a claim for common law damages.

From 2024, the average pay-out for an asbestos settlement lawsuit in Australia, ranges between $1-1.4 million. This lump sum reflects the very serious impact asbestos related illness can have on an individual.

The actual pay-out can vary based on factors which determine the severity of the illness and the negligence involved can affect the final amount. Since every case is different the amount of the settlement, will highly depend on the specifics of each claim.

Overall you have 3 years from the date of your asbestos related sickness diagnosis to file an asbestos claim. This time frame happens within the “discovery rule”, this period of time happens when you learn about your sickness and how it’s related to asbestos exposure, or when you should have found out about it.

For claims on behalf of a deceased person, the limitation period, typically starts from the date of the death. In some circumstances extensions may apply by the court, if the diagnosis was delayed in specific cases.

To avoid issues or complications with the limitation time frames, you should act as advised by our experienced lawyers, for prompt legal action.

You will need to provide a variety of proof and evidence in order to establish a successful asbestos claim, this includes:

• a verified medical diagnosis of the asbestos related exposure
• Documentation of employment records showing that you have work in an asbestos related industry
• Details and history of your asbestos related exposure, including times, places and conditions
• Witness statements from family or co workers attesting to your exposure.
• Detailed medical records that connect asbestos to your sickness
• If at all possible, identify products of materials that contain asbestos
• Recording your symptoms and how they impact your day to day life

This combined evidence builds a very strong case by establishing the severity of your condition and illustrating the extent of your suffering.

To make an asbestos compensation claim, you should follow the steps below to file a claim :

Step 1 : Have your case evaluated by Maxiom Compensation Lawyers: For an assessment on your eligibility and compensation.

Step 2 : Issuing a writ: To start the legal proceedings Maxiom lawyers will file an official writ with the courts to start the legal process.

Step 3 : Applying for an expedited trail: If health conditions require a fast tracked trail process may begin depending on your medical status.

Step 4 : Gathering together medical evidence: You should collect any relevant medical documentation to help support your claim.

Step 5 : Pre trail negotiations: Majority of cases are resolved out of court, avoiding the need for a full court trial.

Step 6 : Court proceedings or settlement: The case may go to trail is a settlement can’t be made, at this point the court will decide on compensation for damages.

An asbestos claim, is a lawsuit filed by an individual who has been diagnosed with a disease like mesothelioma, lung cancer or asbestos injury, as a result of exposure to asbestos.

This type of claim, provides compensation for emotional, physical and financial impacts of the illness.

Seeking compensation, can help cover suffering, lost income, out of pocket expenses, medical appointments and related expenses. You may still be eligible for compensation, even if the exposure happened a long time ago or the company you worked for in the past is no longer in business.