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Mesothelioma Compensation

Legal Helpline: ☎ 1800 529 835

Mesothelioma is a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). It is mainly caused by exposure to asbestos. Chronic exposure to asbestos may increase the risk of lung cancer, mesothelioma, and non-malignant lung and pleural disorders. Evidence in humans comes from epidemiologic studies as well as numerous studies of workers exposed to asbestos in a variety of occupational settings.

The time between diagnosis of mesothelioma and the time of initial occupational exposure to asbestos commonly has been 30 years or more. Early identification and treatment of any cancer can increase an individual's quality of life and survival.

If you have been damaged by someone else's negligent conduct, you should seek legal advice on your rights to compensation; the chances of winning your case; and the value of your compensation entitlements.

To be able to obtain mesothelioma compensation, you usually have to prove that there was fault and blame (negligence) on the part of another person (employer, manufacturer etc). This occurs when there is a breach in duty of care by another person towards you, and that breach results in damage (i.e mesothelioma).

The court will look at all the evidence (factual, circumstantial, medical, including the opinions of your treating doctors and expert witnesses) to determine whether you are entitled to be compensated for having contracted mesothelioma.

Mesothelioma Compensation Lawyers

Mesothelioma litigation can be very complex and stressful. The lawyers whom we refer to have extensive experience in all aspects of personal injury law including:

  • access to the very best mesothelioma and asbestos expert witnesses
  • outstanding alternative dispute resolution and advocacy skills
  • drafting comprehensive and plain English legal advices for clients
  • excellent communication, interviewing and listening skills
  • preparing technically accurate court documents
  • investigation and research of medical, legal and factual issues
  • calculating quantum (damages).

Our legal team will be able to explain to you what is involved in making a claim, how to prove your case for negligence, and what is involved in taking a case to court, or settling a claim without needing to resort to litigation.

Compensation Damages

If you are able to establish (through factual and medical evidence) that your mesothelioma was caused by somebody else’s negligence (for example, your employer, or a manufacturer) then you will be entitled to mesothelioma compensation. You may receive damages for your injuries and disabilities, pain and suffering, medical treatment expenses, physiotherapy and pharmaceutical expenses, and loss of earnings.

The amount of compensation that you will be entitled to will depend on the extent of your injuries and disabilities. A compensation award is comprised of different “heads of damage” as follows:

General Damages

General damages cover items which cannot be calculated precisely and includes compensation for pain and suffering; loss of amenities of life; loss of life expectancy.

Special Damages

Special damages include the following items.

Income Loss: includes past and future income and loss of pension entitlements.

Gratuitous domestic care provided to you by family members or friends as a result of your illness, injuries and disabilities. This includes household chores that you were previously able to do, but are no longer able to carry-out because of your mesothelioma-related disabilities and symptoms.

Out-of-pocket expenses: includes medical treatment expenses; pharmaceutical expenses; equipment aids; rehabilitation services; cost of travelling to and from medical appointments to receive medical treatment.

Interest may be claimable on some of your accident compensation.

Time Limits for Compensation Claims

Time limits also apply, and these can vary depending upon the type of personal injury claim, and the place (or jurisdiction) in which the accident occurred. Generally, you have only 3 years from the date of the negligence to file a claim in court.

This time limit may be extended in only exceptional circumstances (such as where there is a latent disease- i.e. symptoms do not manifest for years such as mesothelioma). The limitation period in mesothelioma cases tends to begin from the time you are first made aware that you may be suffering from this condition. It is important however, that you do not delay in seeking legal advice, and that you ask a suitably qualified legal professional as to how long it is that you have to make a claim.

 

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