Filing a mesothelioma claim is the first step in seeking compensation for the devastating impact of asbestos. However, the key to a successful claim lies in presenting clear and compelling evidence of asbestos exposure.
Demonstrating when, where, and how you were exposed is essential to building a strong case, whether you’re pursuing a legal claim against a company or applying for compensation from an asbestos trust fund.
Understanding each step involved and the required evidence types can make this daunting process more manageable.
Asbestos Exposure Evidence
Asbestos exposure is the leading cause of mesothelioma, a rare but highly aggressive type of cancer.
For a mesothelioma claim to succeed, claimants must establish a connection between their illness and exposure to asbestos. This involves showing not only that the exposure occurred but also that it was substantial enough to contribute to the development of mesothelioma.
When courts and trust funds evaluate claims, it’s based on how strong the presented evidence is.
This makes it crucial to provide detailed, credible documentation of asbestos exposure. The evidence must demonstrate the specific circumstances of exposure, such as the workplace, particular products involved, or factors in the environment.
By establishing these details, your attorney helps identify who was responsible for your exposure and strengthens the validity of your claim.
Identifying Sources of Asbestos Exposure
The initial and crucial step in proving asbestos exposure is to identify where and how the exposure occurred.
The most common form of mesothelioma is pleural mesothelioma, which attacks the lining of the lungs and the chest wall, accounting for about 82.1% of cases, according to the Centers for Disease Control and Prevention (CDC).
Mesothelioma has a long latency period and often develops decades after exposure, so it can be challenging to trace the source. Common sources of mesothelioma site exposure include workplaces in industries like construction, shipbuilding, automotive repair, and manufacturing.
Exposure can also occur through asbestos-containing products like insulation, brake pads, or roofing materials.
In some cases, exposure may not be occupational. Individuals may have encountered asbestos through secondhand exposure (sometimes referred to as paraoccupational exposure), such as contact with family members who worked with asbestos-containing materials or through living near asbestos mines or factories. Also, according to the CDC, “A study of 878 people who shared a household with asbestos workers revealed that 4 out of 115 total deaths were from pleural mesothelioma and that the rate of deaths from all types of cancer was doubled.”
Regardless of the source, pinpointing the origin of exposure is a critical step in building a case.
Gathering Evidence To Prove Exposure
Once the source of the exposure has been properly identified, the next step is gathering evidence to substantiate the claim. Evidence can come from a variety of sources, including employment records, medical documentation, and witness testimonies.
- Employment records can confirm that you worked in an industry or job where asbestos exposure was likely to have occurred. These could include job titles, work sites, and individual task descriptions.
- Medical documentation plays a crucial role in linking asbestos exposure to mesothelioma. This includes medical histories, diagnostic reports, and statements from medical providers. Doctors who specialize in asbestos-related diseases can also provide expert opinions to support the connection between your illness and exposure, as well as their stage of illness.
- Witness testimonies are another invaluable source of evidence. Your coworkers, supervisors, or others who were present during your asbestos exposure can provide firsthand accounts of the conditions.
Their testimonies can corroborate the claimant’s statements and provide additional context.
Product Identification
Product identification is an essential component of proving asbestos exposure. If specific products containing asbestos were involved, identifying them can help establish liability.
This may involve providing invoices, photographs, or product manuals documenting the use of asbestos-containing materials. Expert witnesses may sometimes analyze these materials to confirm their asbestos content.
Attorneys specializing in asbestos litigation often have access to extensive product information and corporate databases of records that can help in this process.
Working With Legal and Medical Experts
Navigating your way through the legal complexities of an asbestos exposure claim typically requires the experience and expertise of legal and healthcare professionals.
Personal injury attorneys with experience in mesothelioma cases, like ours at Frost Law Firm, PC., can guide claimants through the process, helping to identify relevant evidence, file claims, and negotiate settlements. They are also well-versed in the statutes of limitations in your state, as well as other legal requirements that may vary by location.
Medical experts can strengthen the case by providing detailed analyses of the claimant’s medical condition and any connection to asbestos exposure. Their insights can be pivotal in establishing causation, especially in cases where the exposure happened years, or even decades, before the diagnosis.
Challenges in Proving Exposure
Proving asbestos exposure can have some serious challenges. The long latency period of mesothelioma means that, given the intervening years, evidence that supports your case may be hard to find, and eyewitnesses may no longer be available or have forgotten important details.
Also, many companies responsible for asbestos exposure have since gone out of business, further complicating the process of gathering evidence.
Despite these obstacles, remember that persistence and thorough preparation can overcome many challenges, leading to a successful claim.
Accessing historical employment records, consulting industry experts, and utilizing specialized databases can help fill gaps in evidence.
In cases where direct evidence is unavailable, circumstantial evidence—like demonstrating that the claimant worked in an environment known for asbestos use—can also help.
The number of mesothelioma cases has been in decline since the early 1990s (primarily because of less asbestos exposure). However, roughly 3,000 new cases are still diagnosed annually in the US, according to the American Lung Association.
At Frost Law Firm, PC., we understand that proving asbestos exposure is a vital step in seeking compensation for mesothelioma victims and their families.
By identifying the source of exposure, gathering compelling evidence, and working with legal and medical experts, claimants can build a strong case. While challenges can arise, persistence and timely action can make a significant difference.
If you or a loved one has been affected by asbestos-related diseases, the effort to prove exposure is not only a path to justice but also a means to the financial compensation you may need and deserve to focus on healing and living your best life.
The experienced attorneys at Frost Law Firm, PC., can help.
