How long will a claim take?

Generally the whole process should be complete within three to six months. Claims can be done in a shorter timeframe if you become very unwell. To allow this to happen your medical team would need to provide evidence in support of your situation.

What if I die before my claim resolves?

Many people suffering from mesothelioma have concerns about what will happen to their claim if they die before it is resolved. Provided the claim is lodged or issued in Court within your lifetime, your entitlement to general damages, often the largest component of a common law claim, is protected for your estate and your family.

Your family may also have dependency entitlements if you die because of your mesothelioma. Your lawyer will be able to advise you as to whether this applies to you and your family.







Will I need to pay money back?

When your claim is resolved, you will need to reimburse the following for treatment and other costs related to your illness:

  • Medicare Australia 
  • your private health insurer (if you have one) 
  • Centrelink, if you are receiving a disability pension or 
  • the Department of Veterans’ Affairs.
After your matter has settled there may be a period you will no longer receive a pension on account of your settlement. Your lawyer will discuss this with you during settlement negotiations.

Your lawyer may be able to negotiate a cap on future payments to your private health insurer. This will give you and your family some certainty about the costs of your future care.


 

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