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How Much Compensation for Mesothelioma Could I Win?

Katie Ferrier

Written by:

Katie Ferrier

A mesothelioma diagnosis is devastating, and the financial implications can be overwhelming. While there’s no exact figure due to the unique circumstances of each case, compensation payouts can range significantly.

Typically, mesothelioma claims result in substantial awards. For instance, claimants often receive between $450,000 and $500,000 for pain and suffering alone. However, the total compensation can reach millions when factoring in medical expenses, lost earnings, and caregiving costs.

While there is no cure for mesothelioma, compensation can help provide ongoing care for those living with the disease. In addition, it can help provide financial stability for their dependents after their passing.

Read on to learn more about compensation claims for mesothelioma and other asbestos-related diseases.

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Mesothelioma compensation and liability

Mesothelioma is an aggressive type of cancer affecting the mesothelium—or thin protective lining—surrounding the body’s organs. According to the Lung Foundation of Australia, 90% of mesotheliomas are pleural, meaning they affect the pleura or lungs.

This deadly disease is almost exclusively caused by prolonged exposure to asbestos fibres. The insidious nature of asbestos-related illnesses lies in their long latency period, typically ranging from 20 to 60 years. Sadly, Australia has the second-highest mesothelioma death rate in the world – a grim testament to the nation’s historical reliance on asbestos.

Once this type of lung cancer is diagnosed, the link to asbestos is clear-cut and irrefutable. The potential for compensation will depend on identifying the responsible parties.

There are two avenues for seeking compensation:

  1. Government compensation schemes
  2. Common law claims.

Government compensation schemes

Australia’s reliance on asbestos for decades has created a significant health crisis.

Asbestos, a naturally occurring fibrous mineral with harmful properties, was once widely used in building materials due to its fire-resistant qualities. It could commonly be found in:

  • Insulation
  • Sheeting
  • Roofing
  • Pipes
  • Friction products, like brake pads, brake linings and clutch discs.

While Australia recognised the harmful effects of asbestos (i.e. difficulty breathing, painful tissue inflammation, chest pain, and more) and banned its use in 2003, the long latency period of asbestos-related diseases means the full impact of its use is still being felt.


In response to the devastating health impacts caused by asbestos, the Australian government introduced compensation schemes for victims of mesothelioma and other asbestos-related diseases. These schemes were established to provide financial support to individuals who suffered from illnesses caused by exposure to asbestos during their employment or through other means. It’s particularly helpful for those who are unable to link their mesothelioma to a specific source of asbestos exposure.


While acting as a safety net for victims of asbestos-related disease, the compensation available through these schemes can be limited. This impacts both the amount and scope available in compensation.


In contrast, common law claims offer the possibility of greater compensation by holding the responsible parties accountable for their role in the victim’s exposure to asbestos.

Common law claims

Common law actions allow individuals to seek compensation directly from the responsible parties who may have contributed to their asbestos exposure. This includes employers, manufacturers, or property owners.

This legal avenue can provide compensation for a broader range of damages, such as:

  • Medical treatment, medication, surgeries, and ongoing care
  • Rehabilitation expenses, including therapies and equipment
  • In-home care, nursing care, and other support services.
  • Loss of income, both past and future
  • Travel and accommodation related to rehabilitation and treatment
  • Home modifications or aids, including mobility scooters, wheelchairs, handrails, ramps, beds and reclining chairs
  • Counselling
  • Funeral expenses, in cases of terminal outcomes.

 

However, pursuing a common law claim can be complex and time-consuming, often requiring expert legal advice and evidence to establish liability. It’s important for any individual considering this path to consult with a personal injury lawyer who is experienced in dust disease or asbestos-related matters.

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Determining the source of asbestos exposure

Identifying the source of asbestos exposure is crucial for building a successful compensation claim. However, this can be a complex process due to the nature of asbestos-related diseases.

Mesothelioma often manifests decades after asbestos exposure, making it challenging to pinpoint the specific source of contamination. This delay in symptom onset, combined with the widespread and persistent presence of asbestos in the built environment can significantly complicate the process of identifying responsible parties and seeking compensation.

To build a strong case, it’s essential to explore all potential exposure sites. This may involve:

  • Occupational history: Examining past employment and identifying potential asbestos exposure.
  • Residential history: Investigating asbestos use in homes, schools, or other buildings.
  • Public buildings: Researching asbestos presence in public spaces you may frequent.

 

An experienced asbestos lawyer can assist in investigating the source of exposure and building a strong case.

Asbestos in the Australian built environment

Despite being banned in Australia since 2003, asbestos remains a pervasive image.

A staggering 12.8 million tonnes of asbestos-containing materials were used in Australia before the ban, with a significant portion still present in buildings and infrastructure. This ongoing legacy means that millions of Australians are potentially exposed to asbestos, increasing the risk of developing mesothelioma or other dust diseases.

What to do if you’ve been affected by a dust disease

Familiarising yourself with the signs and symptoms of mesothelioma is a necessary first step for early detection and seeking appropriate medical care. A general practitioner can play a vital role in diagnosing the condition and referring patients to specialists for further evaluation.

To maximise your chances of securing compensation, consulting with a lawyer experienced in mesothelioma is essential. These legal professionals can help determine the potential responsible parties and guide you through the complex process of building a strong case.

The specific avenues of compensation will depend on factors such as:

  • Source of exposure
  • Applicable laws
  • Availability of compensation schemes or trust funds.

 

It’s important to note that the level of compensation can vary significantly based on the circumstances of each case, including the severity of the illness, the responsible parties’ financial resources, and the applicable legal framework.

Workplace negligence leading to asbestos exposure

The Australian Mesothelioma Register tracks asbestos exposure and has determined the jobs at highest risk are boiler workers, power plant workers, carpenters, railway workers and naval workers. As of 2023, mesothelioma claims account for almost 54% of new cases and nearly 44% of pending cases before the court.

Cockatoo Island Dockyard stands as a grim testament to the widespread use of asbestos in Australian industries. The Dockyard has been identified as a significant source of asbestos-related diseases, with a disproportionately high number of asbestos claims lodged with the NSW Dust Diseases Tribunal in 2023. This underscores the severe health risks faced by workers at this site.

The insidious nature of asbestos-related diseases means that individuals exposed to this harmful substance may remain unaware of the potential health risks for decades.

Gerard Malouf & Partners brought and won a workplace negligence case on behalf of a former dockyard worker. This worker developed a severe asbestos-related illness due to workplace exposure in the 1960s. Despite facing significant challenges, including a lengthy latency period between exposure and diagnosis, we were able to hold the responsible party accountable for their negligence.

Tragically, our client passed away before the conclusion of the case. However, through diligent legal action, we secured a substantial compensation settlement for his surviving family.

Who can file an asbestos claim?

Not everyone who has been exposed to asbestos will be eligible to claim compensation.

While asbestos exposure is a significant risk factor for mesothelioma and other asbestos-related diseases, it’s important to note that not everyone exposed to asbestos will develop these conditions. The development of the disease depends on various factors, including the duration and intensity of exposure.

As we’ve already established, pinpointing the exact source of asbestos exposure can be challenging.

If you or a loved one has been diagnosed with an asbestos-related disease, consulting with a mesothelioma lawyer experienced in asbestos litigation can help determine your avenues for compensation.

You may be eligible to file a claim for compensation if you have been exposed to asbestos and have a debilitating and potentially fatal lung diseases, such as:

  • Mesothelioma: An aggressive cancer affecting the lining of the lungs or abdomen.
    • Pleural mesothelioma: Around the lungs and chest wall.
    • Peritoneal mesothelioma: Around the abdominal organ).
    • Pericardial mesothelioma: Around the heart.
    • Testicular mesothelioma: Around the testicles.
  • Asbestosis: A progressive lung disease causing scarring of the lung tissue.
  • Lung cancer: The incidence of this type of cancer is significantly increased for those exposed to asbestos.

 

Other asbestos-related lung conditions include:

  • Pleural plaques: Thickened areas of scar tissue on the lining of the lungs.
  • Pleural thickening: A more severe form of pleural plaques.
  • Diffuse pleural fibrosis: Widespread scarring of the lung lining.

Asbestos-related claims and government liability

The Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 established a framework for compensating individuals harmed by asbestos exposure related to Commonwealth government activities.
This legislation covers a broad range of potential claimants, including:

  • Former Commonwealth government employees
  • Waterside workers
  • Family members exposed through contaminated clothing
  • Tenants of Commonwealth-owned or constructed properties
  • Contractors and subcontractors involved in Commonwealth projects (including construction, defence or public service)
  • Dependents of affected individuals
  • Bystanders or visitors exposed to asbestos on Commonwealth premises or completing Commonwealth-related activities.

Given the extensive use of asbestos in government projects and the subsequent health crisis, the Commonwealth government has estimated a potential liability of approximately $6 billion for asbestos-related claims.

Determining the most effective path to compensation for an asbestos-related disease requires careful consideration of individual circumstances.

An experienced mesothelioma lawyer can provide expert guidance in navigating the complexities of asbestos litigation.

They can:

  • assess your eligibility for government compensation.
  • explore potential common law claims.
  • advocate for maximum compensation to address the significant financial and emotional impact of these diseases.

Asbestos claim process explained

Many people mistakenly believe that pursuing compensation for an asbestos-related disease is an insurmountable challenge.

This misconception often stems from the belief that proving exposure or identifying responsible parties is too difficult. However, it’s important to understand that individuals diagnosed with asbestos-related illnesses may have valid claims for compensation, whether this is through government schemes or common law actions.

If you’re certain the exposure to asbestos was work-related, it’s very likely you’re entitled to compensation. States and territories’ mesothelioma compensation schemes have different limitations on making a claim.

Typically, the timeline to file a claim is 6 to 12 months from diagnosis.

Individuals can lodge a claim directly with the state scheme, but most choose to use a mesothelioma lawyer because the process is complex.

What do you need to make a claim?

Successfully pursuing a mesothelioma or asbestos-related disease claim requires meticulous documentation and evidence. Establishing a direct link between asbestos exposure and the subsequent illness is crucial.

You’ll need:

  • Medical evidence: A comprehensive medical history, including diagnosis, treatment plans, and prognosis, is essential. Your lawyer will collaborate with your medical team to gather and interpret medical records.
  • Exposure evidence: Documenting the nature, duration, and intensity of asbestos exposure is vital. This may involve employment records, witness testimonies, and evidence of asbestos-containing materials in specific workplaces or environments.
  • Financial records: Demonstrating the financial impact of the disease requires meticulous record-keeping. This includes medical bills, lost wages, and expenses related to care and treatment.

How long do mesothelioma claims take to settle?

The timeline for resolving a mesothelioma claim can vary depending on individual circumstances.

While some cases may be resolved relatively quickly—within a year—others can be more complex and time-consuming.

Factors that will impact the duration of the process, include:

  • Strength of evidence
  • Number of defendants
  • The complexity of the legal issues involved.

 

If a person diagnosed with mesothelioma passes away before their claim is resolved, their estate can typically continue the legal proceedings. It’s essential for individuals facing this situation to have a comprehensive estate plan in place, including the appointment of an enduring power of attorney for financial matters. This proactive step ensures a smooth transition and protects the interests of dependents in the event of the claimant’s passing.

A mesothelioma lawyer can provide invaluable guidance in both estate planning and pursuing the claim.

FAQs

Historically, personal injury claims in Australia were subject to the legal principle that the claim died with the person. However, due to the unique circumstances surrounding asbestos-related diseases, including their long latency periods, significant reforms have been introduced.

Some Australian jurisdictions now have specific legislation allowing for asbestos-related claims to proceed or be initiated after a person’s death. For example, New South Wales has the Dust Diseases Tribunal Act 1989 which enables asbestos-related claims to be brought or continued after a person’s death.

While reforms provide a pathway for compensation after a loved one’s death, it’s crucial to note that specific rules, time limits, and available compensation can vary between states and territories. Factors such as the state or territory where the exposure occurred, the date of exposure, and the type of disease will influence the claim.

To navigate the complexities and maximise the chances of a successful claim, seeking legal advice from an experienced asbestos claims lawyer is recommended.

No, mesothelioma is almost exclusively caused by asbestos exposure. While rare cases exist where other factors contribute (such as a volcanic mineral, known as erionite), asbestos is the primary culprit in the vast majority of mesothelioma diagnoses.

In some cases, pursuing both common law and statutory claims may be possible. An experienced mesothelioma lawyer can assess your eligibility for both options and recommend the most appropriate course of action based on your specific circumstances.

In 2021, the Australian Capital Territory (ACT) received $8 million from the federal government for a special trust fund to provide for victims of Mr Fluffy. The loose-fill asbestos product was widely used in Canberra homes in the 1970s.

The first person to receive a $250,000 grace payment from the ACT scheme acknowledged the financial assistance helped to offset the cost of very expensive medical treatment and pain management.

Your mesothelioma legal team

If you or a loved one has been diagnosed with pleural mesothelioma, peritoneal mesothelioma, or another asbestos-related lung cancer, it’s crucial to seek legal advice promptly. Our dedicated mesothelioma legal team at GMP Law specialises in dust disease, mesothelioma and asbestos claims, fighting tirelessly to secure maximum compensation for our clients.

We understand the challenges you face and are committed to providing compassionate support throughout the legal process. Our “Difficult Case Policy” reflects our dedication to achieving the best possible outcome for our clients.

If you have received a diagnosis of lung cancer tied to asbestos exposure, you have a right to make a claim and receive mesothelioma compensation. Contact us for no-obligation legal advice about your claim.

+ Selby, K. (2023, October 2). Mesothelioma in Australia. Asbestos.com. Retrieved October 9, 2023, from https://www.asbestos.com/mesothelioma/australia/

Katie Ferrier

Author

Katie Ferrier

Senior Associate

With seven years of legal experience, Katie Ferrier specialises in Dust Disease and Medical Negligence claims. Katie combines a rigorous analytical approach with deep empathy to achieve optimal outcomes for clients impacted by negligence.

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© 2024 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
Class Actions
Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Services
Services
Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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