Dealing with a mesothelioma diagnosis is overwhelming and emotionally draining. In addition to the physical and emotional toll, you must prove numerous things to win a mesothelioma case. If you are the victim of asbestos exposure, there is a presumption that it is the cause of your mesothelioma because there is no other reason why you have developed the disease. You must also find the proper defendant to sue for your injuries, which is likely challenging. When you work with a mesothelioma attorney, they can comb through your personal history and gather the evidence you need to prove your asbestos exposure.
Proving Exposure Is a Must to Win Your Case
To receive compensation in a mesothelioma case, you have to prove both that you are the victim of asbestos exposure and where it happened. You need to show that there is someone else who is responsible for what happened to you or a loved one because there was wrongful exposure to a dangerous carcinogen. You may face some challenges in this area, but a mesothelioma lawyer can help you prove exposure.
One of the difficulties in a mesothelioma lawsuit is that the disease only develops after a long latency period. Estimates are that it takes 20 to 60 years for asbestos exposure to lead to mesothelioma. The asbestos fibers that enter your body have formed a coating in the lining that protects specific internal organs. Your body’s unsuccessful efforts to expel the asbestos fibers can cause inflammation and scarring that are the precursors to cancer.
You Need to Go Far Back in Time to Prove Asbestos Exposure
Since it takes so long for mesothelioma to develop, you must go far back into your history to determine where the exposure occurred. You may be up against a defendant’s efforts to pass the liability to someone else by claiming that the exposure happened elsewhere. It is challenging to piece together your entire work history and any other products you were around that may have contained asbestos.
Sources of Evidence to Prove Asbestos Exposure
Your mesothelioma lawyer may use several sources to prove where the asbestos exposure happened. They likely already know the workplaces with a heavy concentration of asbestos because they have already handled many claims like yours. Your mesothelioma attorney has experience in the area to understand where there have been other injured claimants, depending on who they have represented and their knowledge of different lawsuits.
Sometimes, you can use your employment records to show you were at a location with asbestos and how long you worked there. Here, the time since you faced asbestos exposure can complicate your case. If you file a claim decades later, the original employer may no longer be in business. There is a definite chance that the company that exposed you to asbestos went out of business long ago. Even if they are still in operation, they may not have employment records since your tenure may have been so long ago. You may also not have your own records from decades ago since many people do not keep them for that long.
Your mesothelioma lawyer can also use witness testimony to show you worked in a particular place. The hope is that there are third parties other than family members who can place you at a specific location at a point in time where there was asbestos. You may turn to former coworkers who remember working with you at a job. You may also use the testimony of longtime friends who know your work history. Your case may depend on someone who can corroborate your presence at a job site because you may need more than just your word to qualify for financial compensation.
Proving Asbestos Exposure When it Came from a Product
Your mesothelioma illness may have also resulted from your use of a product for a prolonged period. For example, people who use talc powder containing asbestos have gotten a mesothelioma diagnosis because they have breathed in asbestos fibers. Then, you need documentation that shows that you used a particular product. You can use photographs that demonstrate that you purchased the product. You may also rely on witness testimony from people who saw you use this product for a prolonged time. Unfortunately, you may no longer have a record of purchase since it takes decades for mesothelioma to develop, and people do not save receipts for that long.
Why You Need a Mesothelioma Lawyer for Your Case
When you file a lawsuit for mesothelioma, the burden of proof is on you to demonstrate both that you faced asbestos exposure and where it happened. A mesothelioma attorney can help you compile this proof. Suppose your mesothelioma lawyer has determined where the asbestos exposure occurred, and the defendant denies the allegation. In that case, you will take your case to a jury, and it will determine whether you have presented sufficient evidence of exposure. In many cases, the defendant will seek to settle your case because they are well aware of their liability and risk and do not want to face the potential of a jury verdict.
Proving exposure and quantifying your damages are two reasons why having a mesothelioma attorney for your case is best. Even if there is already a trust fund set up to pay for your injuries, there is no guarantee that you can compile the proof you need to qualify for payment. There is always a chance that the insurance company will deny your claim if your evidence is insufficient.
A mesothelioma lawyer will advocate for your rights and fight for the compensation you deserve. They will work tirelessly to hold responsible parties accountable for their negligence and ensure you receive justice. Whether through negotiations or litigation, a mesothelioma lawyer will use their skills and experience to pursue the best outcome for your case.
Hiring a mesothelioma lawyer is crucial if a doctor has diagnosed you or a loved one with mesothelioma. They provide the knowledge, resources, and advocacy needed to deal with the legal landscape and obtain the compensation you deserve. You do not need to fight this battle alone – a mesothelioma lawyer will be by your side every step of the way, fighting for your rights and supporting your needs.
