You need strong evidence linking asbestos exposure to the disease when filing a mesothelioma claim. As it may take several decades to develop mesothelioma, proving past asbestos exposure can be challenging. However, claimants can accumulate sufficient evidence supporting their case with the right approach. Here’s how to demonstrate exposure to asbestos for a successful mesothelioma claim.
Working with a Mesothelioma Attorney
Some records are available only to legal practitioners, including corporate records, deposition transcripts, and internal documents, which are difficult to obtain. Given mesothelioma cases’ detail-oriented and complex nature, contracting a mesothelioma attorney is inevitable to achieve favorable outcomes.
A knowledgeable attorney can identify the parties to whom a claim is directed, including seeking compensation. Many companies that use asbestos have set up trust funds that can compensate victims, and a legal expert can guide you through the processes of making these claims.
If necessary, they can also sue the responsible companies to seek justice and financial support for the medical expenses and damages they incurred. An attorney will ensure those claims are filed on time so the claimant does not lose their entitlement to compensation due to lapses in the statute of limitations.
Medical Documentation
A mesothelioma diagnosis is necessary to prove that asbestos exposure occurred. In this case, ensure that all medical information from specialists confirming your condition is complete for a better claim. Medical records are essential when showing that asbestos exposure caused the disease.
Primary medical evidence would be an official diagnosis from a specialist regarding mesothelioma, with pathology and biopsy reports positive for asbestos fibers within the body. This diagnosis could be supported with imaging scans, including X-rays, CT scans, and MRIs. The case could be significantly improved if one possesses a thorough medical history to negate other possible causes of the disease while seeking damages.
Witness Statements
Statements from coworkers, former employees, or industry experts can support exposure claims. Witness statements may be used to validate the use of asbestos in the workplace and verify that you have worked under hazardous conditions. These witnesses provide great detail about direct exposure and could explain what your job conditions were like.
Former colleagues can attest to asbestos-containing materials and unsafe working conditions. Industry experts specializing in workplace asbestos use can offer detailed information on the exposure risks related to particular job sites and materials. Family members who can recall the details of the exposure, such as washing asbestos-laden work clothes, may also provide important testimony to the claim.
Examine Asbestos Exposure Databases
Several databases can assist in tracking products and companies that use asbestos. These resources can also provide invaluable links between your employment history and known asbestos exposures. These databases are a great source of information that shows that you worked with or were near asbestos-containing materials.
Reading the records of asbestos litigation cases can also show you past lawsuits involving your former employers. Additionally, manufacturers and suppliers of asbestos products can also serve as evidence if your exposure had come from specific building materials, insulation, or machinery.
Endnote
Proving asbestos exposure for mesothelioma is a claim that requires detailed documentation, trustworthy witness statements, and the expertise of a licensed attorney. The case is much stronger with identification of past sources of exposure, collection of medical records, access to databases, and the assistance of an attorney specializing in asbestos cases. Given the relatively long latency period of the disease, proactivity in terms of documenting the exposure history and finding legal representation will be the only way to find justice and monetary compensation.
