At Maxiom Injury Compensation Lawyers, we understand the devastating impact that asbestos and Mesothelioma exposure can have on individuals and families.
If you or a loved one has been affected by asbestos-related illnesses such as mesothelioma, asbestosis, or lung cancer, you may be entitled to financial compensation for your pain, suffering, and financial losses.
We are here to support you through this challenging time and help you secure the compensation you deserve. Our experienced team specialises in asbestos compensation claims in Victoria and can guide you through the process with compassion and expertise. Let us help you focus on your health while we fight for your rights.
What is an Asbestos or a Mesothelioma Claim?
An asbestos or mesothelioma claim is a legal action taken by individuals who have been diagnosed with an asbestos-related illness, such as mesothelioma, asbestosis, or lung cancer, as a result of exposure to asbestos.
These claims seek financial compensation for the physical, emotional, and financial toll that these illnesses can impose on you and your family.
In Victoria, asbestos compensation claims can address various aspects of your loss and suffering, including :
- Pain and suffering and loss of enjoyment of life
- Past and future medical expenses
- Past and future loss of income
- Cost of assistance for home care and nursing
- Out-of-pocket expenses, such as travel to medical appointments
It’s important to understand that even if your exposure to asbestos occurred many years ago or if the company responsible is no longer in business, you may still be eligible for compensation.
At Maxiom Personal Injury Lawyers in Australia, our experienced team is dedicated to guiding you through the claims process, ensuring that your rights are upheld, and you receive the compensation you deserve.
Who is Eligible to Make an Asbestos Claim?
A wide range of individuals may be eligible to make an asbestos claim, depending on their exposure and diagnosis.
Whether you were directly exposed to asbestos at work, experienced secondary exposure through a family member, or lived in a building containing asbestos materials, you may have the right to seek compensation.
Individuals eligible to make an asbestos claim include :
1. Individuals Diagnosed with Asbestos-Related Illnesses :
Those suffering from mesothelioma, asbestosis, lung cancer, or other asbestos-related conditions.
2. Family Members of Deceased Victims :
Relatives of individuals who have died due to asbestos-related illnesses can make a claim on behalf of the deceased.
3. Past and Present Workers :
Workers who were exposed to asbestos in their workplace, regardless of how long ago the exposure occurred.
4. Secondary Exposure Victims :
Individuals who were exposed to asbestos indirectly, such as family members of workers who brought asbestos fibres home on their clothing.
5. Residents of Buildings with Asbestos :
People living in homes or buildings containing asbestos materials and who have been diagnosed with related illnesses.
6. Individuals with Historical Exposure :
Those who were exposed many years ago and have only recently developed health issues related to that exposure.
7. Self-Employed and Contractors :
Self-employed individuals and contractors who were exposed to asbestos during their work.
What Claims Can You Lodge For Asbestos Related Injuries?
Individuals diagnosed with asbestos-related illnesses have the right to seek compensation for the wide-ranging impacts of their condition.
The state’s legal framework allows for comprehensive claims that address both the immediate and long-term consequences of asbestos exposure.
These claims are designed to provide financial support for those affected, acknowledging the serious and often debilitating nature of asbestos-related diseases.
In Victoria, compensation can cover :
– Pain and Suffering :
You may be eligible to receive a lump sum payment for the pain and suffering you have endured due to an asbestos-related illness.
This claim also considers the loss of enjoyment of life and the long-term impact on your physical and mental well-being.
– Medical Expenses (Past and Future) :
Medical costs associated with asbestos-related conditions can be substantial, including ongoing treatments, surgeries, medications, and specialist consultations.
Claims can cover both past medical expenses already incurred and anticipated future costs, ensuring you have the necessary financial support to access the best possible care for your condition.
– Loss of Income (Past and Future) :
Asbestos-related illnesses can significantly affect your ability for meaningful employment.
Claims for loss of income can address the financial gap caused by your inability to continue working, compensating for both past earnings lost due to illness and future income you may be unable to earn.
– Out-of-Pocket Expenses :
Beyond direct medical costs, asbestos-related illnesses often bring additional expenses.
These can include travel to medical appointments, home modifications to accommodate your health needs, and any other costs incurred as a result of your condition.
Claims can cover these out-of-pocket expenses, helping to alleviate the financial burden on you and your family.
Our experienced team at Maxiom Personal Injury Lawyers can guide you through this process, ensuring you receive the support and financial restitution you deserve.
– Total and Permanent Disability (TPD) :
Outside of the compensation outlined above, you may also be eligible for a TPD payment.
This is a one-off insurance-based payment through your Superannuation Fund. This payment is separate from your Superannuation and does not impact on your supersavings in anyway.
Should you wish to investigate if you qualify for this lump sum payment, we would be pleased to review your entitlements free of charge. Please contact us for an obligation free opinion.
How Long Does a Mesothelioma Claim Take?
The duration of a mesothelioma or asbestos-related injury claim can vary depending on several factors.
Generally, the process from the initial consultation to settlement can take some time, typically ranging up to 12 months.
This timeframe can be influenced by the complexity of the case, the availability of evidence, and the court’s schedule.
However, in severe cases like mesothelioma, where the illness is aggressive and rapidly progressing, the legal process can be expedited. Courts in Victoria understand the urgency of these situations and may fast-track the proceedings.
In such cases, it’s possible for claims to be settled in as little as 3 months from the start of court proceedings.
It’s important to keep in mind that every case is unique, and the timeline can vary based on individual circumstances.
The goal is always to reach a fair and just settlement as quickly as possible, ensuring that you receive the compensation you deserve while minimising the stress of the legal process.
At Maxiom Personal Injury Lawyers, we work diligently to move your claim forward efficiently while keeping you informed every step of the way.
How to Make a Claim Against Asbestos
The process of claiming asbestos compensation in Victoria typically involves the following steps :
1. Initial Consultation :
Contact Maxiom Injury Compensation lawyers to discuss your case and assess your eligibility for compensation.
2. Issuing a Writ :
Our lawyers will file an official notice with the court, indicating your intent to take legal action.
In Victoria, this process initiates civil proceedings and requires adherence to the Supreme Court (General Civil Procedure) Rules 2015, ensuring all parties are formally notified and the case can proceed within the legal framework.
3. Applying for a Trial :
If your health requires it, our lawyers may apply for an expedited trial process.
For asbestos claims in Victoria, this involves requesting an urgent hearing under the guidance of the Supreme Court (Asbestos Litigation) Rules 2008, allowing the case to be heard promptly to address critical health concerns and ensure timely compensation.
4. Obtaining medical evidence :
Our lawyers will gather all necessary medical documentation to support your claim.
5. Pre-trial negotiations :
Most cases are settled during pre-trial negotiations, avoiding the need for a full court trial.
6. Settlement or Court Proceedings :
If a settlement is reached, your compensation will be processed. In rare cases where a settlement isn’t achieved, your case may proceed to trial under the Supreme Court (Asbestos Litigation) Rules 2008, where evidence is presented and a judgement is made to determine liability and appropriate compensation.
Average Payout for Asbestos Claims
In Australia, the average settlement for asbestos claims typically ranges between $1 million and $1.4 million as of 2024.
This figure reflects the serious nature of asbestos-related illnesses and the compensation awarded to those affected.
The exact amount of compensation can vary significantly, depending on factors such as the severity of the illness, the level of exposure, and the degree of negligence involved.
In addition to the overall settlement, the average damages settlement includes compensation specifically for pain and suffering, loss of quality of life, and other non-economic damages and can also vary.
These damages settlements are carefully calculated based on the individual’s circumstances, ensuring that the compensation is fair and reflective of the profound impact the illness has had on their life.
Each case is unique, and the final settlement amount will depend on the specific situation.
How do you Prove an Asbestos or Mesothelioma Claim?
Steps to Building a Strong Asbestos Claim
1. Medical Diagnosis :
Secure a confirmed medical diagnosis of an asbestos-related illness from a qualified healthcare professional.
This diagnosis forms the foundation of your claim and must clearly link your condition to asbestos exposure.
2. Employment Records :
Provide detailed employment records that demonstrate your work in an industry or occupation where asbestos exposure was likely.
These records help establish the connection between your job and your illness.
3. Exposure History :
Document a thorough history of your asbestos exposure, including specific locations, the duration of exposure, and the conditions under which it occurred. This information is crucial for proving when and where the exposure took place.
4. Witness Statements :
Gather statements from co-workers, family members, or others who can confirm your exposure to asbestos.
These statements can serve as powerful evidence to support your claim.
5. Medical Records :
Collect all relevant medical records, such as test results, treatment histories, and doctor’s reports that link your illness directly to asbestos exposure. These records provide essential evidence for your case.
6. Product Identification :
If possible, identify the specific asbestos-containing products or materials you were exposed to.
This identification can help strengthen your claim by pinpointing the exact sources of exposure.
7. Expert or Medical Opinion :
Utilise expert testimony from medical professionals and occupational health experts to support the link between your illness and asbestos exposure. Expert opinions can be vital in establishing causation in your case.
8. Documented Symptoms :
Maintain a comprehensive record of your symptoms, medical treatments, and the impact your illness has on your daily life.
This documentation helps illustrate the extent of your suffering and the ongoing challenges you face.
9. Legal Precedents :
Reference similar successful asbestos claims and relevant legal precedents to bolster your case. Citing past cases with positive outcomes can provide a strong basis for your claim.
Is there a time limit for Asbestos Claim?
Yes, there is a general limitation period where claims must be filed within three years from the date you were diagnosed with an asbestos-related disease.
– Discovery Rule :
The limitation period begins when you become aware, or should have reasonably become aware, of your illness and its connection to asbestos exposure.
– Deceased Victims :
For claims on behalf of deceased victims, the three-year period generally starts from the date of death.
– Extension Possibilities :
In certain circumstances, the court may grant an extension to the limitation period, particularly if the diagnosis or awareness of the disease occurred outside the usual timeframe.
– Prompt Action Recommended :
It’s advisable to seek legal advice and initiate your claim as soon as possible to avoid potential complications with the limitation period.
FAQ’s
1. Who is liable for mesothelioma?
In Melbourne, Australia, the liability for mesothelioma typically falls on the parties responsible for exposing individuals to asbestos.
This could include past or present employers, manufacturers of asbestos-containing products, or property owners who failed to ensure a safe environment.
If it can be proven that your mesothelioma was caused by asbestos exposure due to negligence or failure to provide adequate protection, these parties may be held legally responsible and required to compensate you for your illness.
2. Is an Asbestos Claim and Mesothelioma Claim the Same?
An asbestos claim and a mesothelioma claim are related but not exactly the same.
A mesothelioma claim is a specific type of asbestos claim.
While asbestos claims can be made for a variety of asbestos-related illnesses, including asbestosis or lung cancer, a mesothelioma claim is specifically for individuals diagnosed with mesothelioma, a rare and aggressive form of cancer caused by asbestos exposure.
Both types of claims seek compensation for the harm caused by asbestos, but a mesothelioma claim is tailored to address the unique challenges and severe impact of this illness.
Get Legal Help for your Mesothelioma Claim with Maxiom
At Maxiom Injury Compensation Lawyers, we’re committed to helping you navigate the complex process of asbestos compensation claims in Victoria. Our experienced team understands the challenges you’re facing and will work closely with you to secure the compensation you deserve.
We offer our services on a No Win, No Fee basis, ensuring that you can pursue your claim without financial risk.
Contact our workplace injury lawyers in Melbourne today, we take the time to gather and process all documentation on your behalf as well as offer guidance on your unique case.
Let us help you gain the legal compensation you deserve so you can focus on your health and well-being while we handle the legal complexities of your asbestos compensation claim.
