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Mesothelioma Cancer Lawyer


Experienced Mesothelioma Lawyers

If you or a loved one have ever been exposed to more than background levels of asbestos at any point during your lifetime, and have since been diagnosed with mesothelioma, you could be entitled to compensation through asbestos litigation.

Mesothelioma in a loved one is known to have negative effects such as nervous shock or psychological injury even in those not directly suffering such an injury. These compensation claims can be very complex, and you can benefit from the help of an experienced mesothelioma lawyer.

You should seek the legal services of a mesothelioma lawyer to help ensure your case can yield the highest financial compensation possible.

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Winning successful cases for our clients.

Winning Mesothelioma Compensation Claims


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What is Mesothelioma?

Mesothelioma is a type of cancer which often presents as lung cancer. It is typically caused by inhaling asbestos fibres 15 to 40 years in the past, over a time period that can span years. The protective lining of the lung (pleura) or abdomen (peritoneum) are inflamed by the fibres, which lodge in the tissue and cause genetic damage and scarring.

Men are four times as likely as women to be exposed to asbestos in large enough amounts to develop mesothelioma or other asbestos-related diseases, due to their greater likelihood of working in jobs where asbestos products are present. However, wives doing their husbands’ laundry and even children exposed to asbestos fibres on their fathers’ clothing have been known to end up with this disease directly as a result of said exposure.

In most cases, exposure to greater than normal levels of asbestos happens over months or years. In some cases, even less exposure can cause mesothelioma, as was the case when we won a landmark case involving a client who had only been exposed to high levels for four hours, but inhaled enough fibres to cause the disease years later.

Common symptoms of mesothelioma include chest pain, shortness of breath, difficulty when swallowing, otherwise unexplained weight loss, fatigue, and coughing up of sputum (mucous.) These symptoms coupled with a history of work in industries known for high asbestos contamination, particularly prior to 1987, could mean a diagnosis of mesothelioma is in the offing, and with it, the potential of a claim for compensation.

How Do Malignant Mesothelioma Cases Differ From Benign Mesothelioma Cases?

In very rare cases, a patient can end up with mesothelioma symptoms despite never having been exposed to asbestos, and the mesothelioma is found to be benign instead of malignant. People with these rare types of mesothelioma aren’t eligible for a mesothelioma payout.


How can I make a Mesothelioma claim?

A mesothelioma claim is indicated when you or your loved one has received a medical diagnosis of mesothelioma caused by asbestos exposure. In many cases, life expectancy is not lengthy, so finding out if you have a claim should be done as swiftly as possible. The classic mesothelioma claim looks something like this:
  • 15-40 years ago, the patient was employed or closely interacted on a daily basis with someone who was employed by a company in an asbestos-contaminated industry.
  • More recently, illness manifesting with mesothelioma symptoms has emerged.
  • Finally, a diagnosis of mesothelioma directly caused by asbestos fibre inhalation has been received.

Unlike many other types of personal injury cases, asbestos claims typically are settled very swiftly. Most common law cases are settled out of court in just three to six months. Statutory claims can be almost as fast.

Making a claim

The legal process for asbestos claims is somewhat more streamlined than for many other types of claims. This hinges on the fact that many claims are indisputable, with medical records that show clear damage linked to asbestos inhalation. Employment records can often pinpoint the date range of exposure.

Typically, the best thing to do when receiving a mesothelioma diagnosis is to contact a lawyer immediately. There is no general statute of limitations on filing a mesothelioma claim. Instead, there is a complex multi-factor determining process for time limits on filing asbestos-related claims. However, the real urgency is in that you have to file a claim before the victim of mesothelioma dies, or there will be no settlement.


How much can be expected from a Mesothelioma compensation claim?

In one case of a man with advanced mesothelioma caused by exposure to asbestos in products manufactured by James Hardie, Gerard Malouf & Partners were able to attend a conference within just seven weeks of filing the claim and mediate a settlement for $440,000 inclusive of costs.

Another man, formerly denied because his case had not been judged to be sufficiently proven, was awarded $420,000 in damages for mesothelial cell damage caused by asbestos exposure after further medical evidence was reviewed.

In a third case, a widow exposed to asbestos on her husband’s clothing was awarded $277,621.05 plus court costs after developing mesothelioma.

A fourth successful case involved a man exposed to asbestos in his workplace. He contracted mesothelioma, sued, and passed during proceedings. His wife was eventually awarded $225,000 plus legal costs.

Common law & statutory cases

A common law claim is filed through the courts, against one or more parties deemed responsible for you or your loved one’s exposure to asbestos. In most cases, common law claims don’t have a statute of limitations, especially if your exposure wasn’t due to a work environment.

If a time limit exists, it is tied to the date you were diagnosed as having an asbestos-link disease, not the date your exposure happened or the date you first started having symptoms. In many cases, diagnosis comes very late in the progression of the disease, so filing a claim immediately is advised.

Statutory cases are filed in states or territories that have set up compensation schemes for people who were exposed through employment. These may have time limitations, although legislation is pending in several areas to remove limits for asbestos claims.

In regard to statutory claims, at the time of this writing, Queensland has a six-month time limit from the date of diagnosis to lodge a claim, while Western Australia provides three years. New South Wales and Northern Territory mandate no time limits.

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Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

Gerard Malouf & Partners

Getting the most from your claim

Are you speculating, “Should I hire a lawyer who specialises in mesothelioma cases?” If you think you have a mesothelioma claim tied to asbestos exposure, having a lawyer experienced in such claims is crucial. 

Gerard Malouf & Partners has years of experience dealing with dust disease claims including those relating to mesothelioma.

Using a law firm with plenty of experienced mesothelioma lawyers can increase your chances of a successful claim and maximum settlement before going to court. 

If your loved one is in their final days due to mesothelioma (or another asbestos-related illness), the goal is to start a claim immediately. This lets them have peace of mind anticipating you will be taken care of with a settlement. We will continue working with you to bring the claim to a successful conclusion.

Bringing a mesothelioma case must often be done in haste, but also requires close attention to detail and experience with asbestos-related compensation and legislation.

Call Gerard Malouf & Partners to discuss your mesothelioma claim promptly in a no obligation, free initial call and consultation, we will determine if a claim can be made, our next steps and provide you with an understanding of likely compensation..

In most cases, we are dealing with retirees who worked with asbestos many years ago. However, we also handle claims for younger persons who may have suffered extensive exposure doing work on their home or employed in prolonged cleanup operations with accidental asbestos exposure.

We're here to help

Contact us for no-obligation legal advice about your claim.

Free Resources
Our guide to maximising your legal claims

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

“I really appreciate all the hard work you put in for me during my case. I only have the highest regard for you and your team!”

Our Client
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Meet the Dust Disease Claims team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Dust Disease claims.

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
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.
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.
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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