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Legal

Legal Entitlements

People with mesothelioma are often entitled to compensation.

In Western Australia, there are two types of entitlements, the first being a statutory claim through WorkCover Western Australia for payment of a lump sum compensation and/or medical expenses, and the second entitlement is a court claim for damages in the Supreme Court of Western Australia. Generally speaking a court law claim for damages is the preferable option as a much higher level of compensation is available through a court claim than through a workers compensation claim.

Certainly no amount of money can give you back your health. It will, however, allow you to live the way you want and provide you and your family financial security.

In a court claim for damages, compensation is claimed for general damages (also known as pain and suffering); past and future medical expenses; past and future care requirements; adaptive equipment; loss of expectation of life and, a contribution to your legal costs. For sufferers who have to stop working early due to illness, a claim for economic loss can also be made.

Compensation is also available to those who suffer from asbestosis, diffuse pleural fibrosis, pleural thickening/disease and lung cancer. As there are strict time limits in relation to commencing claims, we recommend you seek legal advice at your earliest convenience. Importantly, claims relating to asbestos-disease need to be commenced within the clients’ life time.

If you would like to know more, we are happy to provide an introduction to a law firm who will provide obligation-free advice. Should you wish to pursue a claim, they will act on a “no win, no fee” basis. They are more than happy to meet with you at your home or wherever makes you most comfortable. Please note, we do not have a financial interest in your claim.

If you live in another Australian State, the firm we work with has a national presence with offices in other major capitals.

Enduring Power of Attorney

A terminal diagnosis, such as mesothelioma, often causes us to think about what the future may hold for ourselves and for those we will leave behind. When considering end of life matters, it is important to consider whether you want to appoint an Enduring Power of Attorney which will allow will allow you to delegate financial and property to decisions to a person or persons you trust so that they can make decisions on your behalf.

Further information can be found through the Office of the Public Advocate.

If you would like advice or assistance, we would be pleased to put you in contact with a law firm who are happy to work through the process with you.

Enduring Power of Guardianship

A terminal diagnosis, such as mesothelioma, often causes us to think about what the future may hold for ourselves and for those we will leave behind. When considering end of life matters, it is important to consider whether you want to appoint an Enduring Power of Guardianship which will allow you to delegate treatment, financial and lifestyle decisions to a person or persons you trust so that they can make decisions on your behalf.

Further information can be found through the Office of the Public Advocate.

If you would like advice or assistance, we would be pleased to put you in contact with a law firm who are happy to work through the process with you.

Advance Health Directives

A terminal diagnosis, such as mesothelioma, often causes us to think about what the future may hold for ourselves and for those we will leave behind. When considering how you would like your future to look you may want to consider putting in place an Advance Health Directive. An Advance Health Directive allows you to make decisions regarding how you would prefer your treatment to play out. This will allow your wishes to be executed should you lose capacity to make decisions regarding your medical treatment.

Further information can be found through the Office of the Public Advocate.

If you would like advice or assistance, we would be pleased to put you in contact with a law firm who are happy to work through the process with you.

Wills and Estates

A terminal diagnosis, such as mesothelioma, often causes us to think about what the future may hold for ourselves and for those we will leave behind. We encourage you to consider making a Last Will and Testament to ensure your wishes are carried out.

If you would like advice or assistance, we would be pleased to put you in contact with a law firm who are happy to work through the process with you.