Mesothelioma is a cancer of the mesothelial lining, a thin layer of membrane that covers many organs in the human body.

Mesothelioma can occur in a number of different parts of the human body. By far the most common site is the pleural cavity, the membrane around the lungs. This is known as pleural mesothelioma. Less common is peritoneal mesothelioma which occurs in the peritoneum, the membrane that covers the abdominal organs.

The only known cause of mesothelioma in Australia is inhalation of asbestos fibres. Mesothelioma generally develops between 20 and 30 years after exposure, although it can be as little as seven years and as long as 50 years.

Up until the mid 1980’s asbestos was used in an extremely wide variety of products. People in many industries (everything from brewers to waterside workers) were routinely exposed to asbestos, often without being aware.

There are several different types of asbestos fibre. Common names for the types of asbestos fibres are blue asbestos, brown asbestos and white asbestos. While blue and brown asbestos are more likely to cause mesothelioma, any form of asbestos can cause the disease.

There is no known level of exposure to asbestos at which there is no risk of developing mesothelioma. However, the greater the exposure the greater the risk.

If you are a New Zealander with mesothelioma and was exposed to asbestos in New Zealand, you will likely be able to obtain some compensation payable by the ACC.

However, if you lived/worked in Australia and were exposed to asbestos in Australia, you will likely be able to make a claim under Australian law.  These claims are generally worth substantially more than the amount paid by the ACC.

The primary claim for compensation in a court in Australia is known as a common law claim for damages.

A common law claim may be brought against your former employer, or against a manufacturers of the asbestos products, such as James Hardie or Wunderlich, you were exposed to. If your former employer no longer exists,  their workers’ compensation insurer  will be liable.  Claims can also be brought against others who owed you a duty of care, such as the occupier or a property in which you were exposed.

You do not need to sue in relation to all of your exposure to asbestos as long as the exposure you sue on is not trivial. You are entitled to damages, even if part of your exposure occurred overseas. We will sit with you at your home, in hospital or at our offices and take a detailed history in relation to your work and exposure to asbestos to determine who you should sue.

The court will do everything possible to finish your mesothelioma claim in your lifetime. However, if you do die before your claim is finalised then (provided the claim was filed in court in your lifetime) your estate can continue your claim.

So long as the exposure to Australia was not very small or trivial, you will be able to bring a claim in Australia even if you were exposed in New Zealand as well.

Negligence or common law claims for a person suffering from mesothelioma usually takes between 3 to 6 months to finalise. Claims can run quicker if necessary and have on occasions been completed in as little as a few days.  All courts that deal with mesothelioma claims have special processes and procedures that promote early settlement, and the quick resolution of mesothelioma matters.

Claims for statutory compensation are generally able to be finalised within 1 to 2 months.

No.

Leaving aside pandemics, we will travel to you to take your instructions and to progress the claim.  During the pandemic (and probably afterwards) we are also able to do much of this on line.

In the event the matter proceeds to a Court hearing, evidence can be taken by video link, or, if necessary, the Court can travel to where you are.

As apart of a common law claim a court will award reasonable medical expenses.  A recent decision in a Segelov Taylor matter in the Supreme Court of Western Australia confirmed that new forms of treatment for mesothelioma as prescribed by the treating oncologist were reasonable and the defendant was order to pay for the cost of the treatment which amounted to $60,000.00.

We act on a no win, no fee basis in all mesothelioma claims.

Find our more on our fee policy page.