If you have been diagnosed with mesothelioma in Victoria, you are highly likely to be entitled to receive compensation.
Generally the best way to access compensation for mesothelioma in Victoria is a common law claim, being a court-based claim for damages. While the idea of making a court claim may at first seem daunting, representation by experienced specialist lawyers will streamline and simplify the process.
In order to bring a common law claim, it is vital to obtain a detailed history on past periods of asbestos exposure to ensure the claim is based on a solid foundation. All past periods of employment based asbestos exposure must be explored along with the use of any asbestos products in both an employment and non-employment setting.
Any exposure periods that involve more than trivial asbestos exposure can be relied on to prove causation in mesothelioma cases.
Mesothelioma is considered an indivisible injury, which means any period of asbestos exposure which have significantly contributed to the development of the condition, can be relied on to claim 100% of the damages payable. A claimant does not have to sue for each and every period of asbestos exposure which they have endured over their lifetime.
Your solicitor must be experienced in the area of asbestos disease litigation to ensure no important facts are missed, and to then navigate your claim through the litigation process in the way that imposes the least possible disturbance on you.
In Victoria, claims brought for mesothelioma can be conducted via a jury trial for both employment and non-employment asbestos exposure. This has resulted in very favourable verdicts for Victorians with mesothelioma.
There are still time limitation issues that must be considered when bringing a common law claim for mesothelioma in Victoria. A common law claim for mesothelioma must be brought within 3 years from the time a person becomes aware of the serious injury, but rarely do we see this primary limitation period having expired in mesothelioma cases given the urgent nature of these claims.
If the 3-year primary period has expired, a 12-month extension of time can be granted to bring a court-based claim.
Once a common law claim is served, it usually takes between 3 to 5 months for the matter to resolve. If needed, an urgent timetable can be implemented to ensure a claim is completed in a person’s lifetime.
Our long experience in handling claims for clients with mesothelioma in Victoria means that we have the knowledge, expertise to achieve the best results, while always recognising that time is of the essence.
