How to Prove Asbestos Exposure for a Mesothelioma Claim

Why Is Proving Asbestos Exposure Important for Legal Claims?

Proving asbestos exposure is important for mesothelioma legal claims because it provides the necessary evidence for the courts to hold an asbestos defendant accountable. Without this evidence, your claim cannot proceed.

Providing the right evidence is important for all types of mesothelioma legal claims, whether it’s a personal injury claim, wrongful death claim or asbestos trust fund claim. Substantial evidence of exposure to asbestos remains essential for a favorable resolution.

While a diagnosis from a mesothelioma doctor can confirm the cause of mesothelioma, it’s only the starting point. A skilled mesothelioma attorney will take on the responsibility of gathering evidence of your exposure to strengthen your claim.

During the discovery phase, your attorney will collect documentation and witness testimonies. This evidence increases the chances of a successful outcome in both a trial or settlement.

How Can an Attorney Help You Prove Asbestos Exposure?

The process of gathering necessary evidence involves a comprehensive investigation to track down the party or parties responsible for your asbestos exposure. Mesothelioma lawyers use extensive databases and other resources to support every type of legal claim, including mesothelioma lawsuits and asbestos trust fund claims.

Investigators

“Typically, an investigator will come and ask you questions about your exposure. Your memory is an important piece of this,” – Joe Lahav, lawyer and on-site legal advisor at The Mesothelioma Center at Asbestos.com, says.

In addition to work experience, investigators will ask questions about other possible sources of exposure, such as a history of talc use. They have the training to delve into critical details about possible asbestos exposure, ensuring nothing is overlooked.

Product Identification Tool

Joe Lahav explains, “Investigators will present you with a product identification tool or big binder of different products containing asbestos. Sometimes people don’t realize products they worked with contained asbestos. They’ll say, ‘I worked with that gasket.’ Or, ‘I worked with that kind of insulation. I didn’t realize it had asbestos in it.’”

This tool helps identify specific asbestos-containing products you may have encountered. Recognizing these products can significantly strengthen your case, linking your exposure to specific items.

Records of Job Sites

“Investigators will ask you ‘Where were you exposed? What job sites did you work at?’ Good lawyers have records of job sites all over the U.S. where asbestos was heavily used,” Joe Lahav shares.

Law firms maintain extensive records of job sites known for asbestos use. Cross-referencing your work history with these records helps your attorney can pinpoint exact locations where you were likely exposed to asbestos.

Witness Statements

“People that worked with you — your co-workers — are another way to prove your asbestos exposure” Joe Lahav notes.

Witness statements from former co-workers can provide crucial testimony about your exposure to asbestos in the workplace. These statements help corroborate your account and provide additional evidence to support your claim.

Mesothelioma attorneys have experience proving exposure for hundreds and sometimes thousands of claimants. The team at your mesothelioma law firm will work to collect critical documentation such as your official employment records and relevant workplace safety reports and inspection records. 

Proving Secondary Asbestos Exposure

Secondary asbestos exposure, or secondhand asbestos exposure, occurs when someone is exposed to asbestos via contact with someone who has primary exposure. This often happens when workers bring home asbestos fibers on their clothing, hair or skin.

Even if the person with primary asbestos exposure has died, experienced lawyers can still successfully prove secondary exposure. They gather documentation of the primary person’s work history, interviews with surviving colleagues and testimonies from family members and loved ones who experienced secondary exposure. 

Piecing together this evidence helps lawyers build a compelling case demonstrating secondary asbestos exposure. They help plaintiffs hold those responsible accountable.

What Can You Do to Prove Your Asbestos Case?

To prove your asbestos case, gather the documentation you have or can access tracing your exposure to specific products, companies, employers or the military. While you may already have some helpful documents on hand, a skilled mesothelioma attorney can obtain more difficult or complex evidence needed for you.

Gathering any medical records that document your mesothelioma diagnosis is essential. Speak to your healthcare team about obtaining all necessary documents and a physician’s statement linking your asbestos exposure to your diagnosis. It’s also important to assemble proof of employment, such as tax records. 

Other types of evidence that your legal team can collect to support your claim include witness testimony from co-workers and expert testimony from medical professionals such as radiologists and oncologists. Your lawyer can assist you in collecting everything needed to build a stronger case. 

Your Doctor’s Statement

A doctor’s statement from a physician explicitly connects asbestos exposure to your diagnosis. This statement is a critical piece of evidence needed for your mesothelioma lawsuit, playing a big role in establishing the causal link required for your legal claim.

Your doctor’s statement should include documentation of your diagnosis and detailed reports on physical exams that were part of your doctor’s diagnostic process. Statements from your doctor linking your mesothelioma or other asbestos-related diagnosis to exposure and are essential for a successful mesothelioma claim.

Commonly Asked Questions About Proving Asbestos Exposure for a Mesothelioma Claim

What Are the Most Common Sources of Asbestos Exposure?

Asbestos exposure can occur in a number of environments, often linked to specific products or occupations. Workers in manufacturing, construction and other industries may have been exposed.

Common Sources of Asbestos Exposure

• Asbestos products
• High-risk occupations (such as work in shipyards)
• Military exposure (the U.S. Navy used more asbestos than other branches)
• Secondhand exposure

Military veterans may need additional information to prove they were exposed to asbestos in order to file a VA claim. An accredited VA claims agent can help veterans understand the process and what they need to submit a claim.

What Are the Steps To Filing a Mesothelioma Lawsuit?

Filing a mesothelioma lawsuit involves several critical steps to ensure a thorough and effective legal process. These steps help to build a strong case and maximize the chances of a favorable outcome.

To File a Mesothelioma Lawsuit

1. Choose an Attorney: Select an experienced mesothelioma attorney who specializes in asbestos-related cases.
2. Go Through the Discovery Phase: Gather and review all pertinent information and evidence related to your asbestos exposure and diagnosis.
3. Provide Testimony: Share your personal account and any relevant details that support your claim.
4. Consider Different Types of Claims: Explore various legal claims available, such as personal injury, wrongful death or trust fund claims.
5. File the Mesothelioma Lawsuit: Officially file your lawsuit with the appropriate court.

What Will Navigating the Legal Process Be Like?

Navigating the legal process for a mesothelioma claim involves close collaboration with your lawyer, who will manage the process for you. Your attorney will assess the statute of limitations and any applicable exceptions, determine the appropriate jurisdiction for filing based on your exposure or where the defendant is based, and help you assemble necessary documentation such as medical records, employment history and witness testimonies.

They will build a compelling case, gathering and organizing evidence, dealing with challenges from defendants and advocating for a favorable settlement or representing you at trial if needed. Throughout this process, your lawyer will provide guidance and support, handling your case professionally and effectively.

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