Mesothelioma victims seeking compensation must prove exposure. However, this can be challenging given that symptoms take decades to appear. Even so, with the right approach, victims can establish a link between the illness and their work environment.
Since proof of exposure is key to proving liability in a mesothelioma case, victims can use employment records, testimonies, and medical records. Whether you’re suffering from this illness or assisting a loved one with a claim, read more to learn the best ways to prove workplace asbestos exposure.
Why Is Proof of Asbestos Workplace Exposure Necessary?
When filing mesothelioma claims against an old employer, it’s necessary to prove workplace asbestos exposure. Since this proof is the most important evidence to hold a party liable, your case may not be able to proceed without it. This evidence is necessary for all kinds of mesothelioma claims, including:
- Personal injury claims
- Wrongful death claims
- Trust fund claims
- Class action lawsuits
- Workers compensation claims
While a mesothelioma doctor’s diagnosis may verify the cause of this illness, that is only one part of the process. An attorney collects more evidence to strengthen your claim. Besides proving the authenticity of your diagnosis, you must also prove that your employer knowingly exposed you to the substance.
Mesothelioma takes 20 to 50 years to develop. As a result, most victims struggle to remember how they were exposed to asbestos. For some, establishing the timeline of exposure can also be difficult. If you live in the state, a Missouri mesothelioma lawyer can help with your case by proving asbestos exposure and seeking fair compensation.
Ways to Prove Workplace Asbestos Exposure in Mesothelioma Cases
Proving workplace asbestos exposure in a mesothelioma case requires your employment history, medical records, testimonies, and other evidence. Your family history and exposure to certain products are also considered. Here are the different ways to prove exposure during a lawsuit.
Medical Records and Biopsies
Biopsies and medical records are important in proving workplace asbestos exposure during mesothelioma cases. Medical records usually show the victim’s symptoms, diagnosis, and treatment history. They establish a timeline that connects the illness to past exposure.
On the other hand, biopsies offer definitive proof of asbestos fibers in the victim’s lung tissues. Medical records work as solid evidence during legal claims. They show that exposure occurred in the workplace, helping to protect the victim’s rights and get them a fair settlement.
Employment Records
Employment records are important evidence in mesothelioma cases because they prove workplace exposure to asbestos. These records establish when and where someone worked, linking their job to asbestos-containing materials or environments.
Documents such as pay stubs, union records, work contracts, and company safety reports can confirm a victim’s exposure history. If the employer is no longer in business, industry records and asbestos databases can help identify exposure sources and strengthen a person’s legal claim for compensation.
Witness Testimonies
Witness testimonies are vital in proving workplace exposure to asbestos in mesothelioma cases. Former supervisors and coworkers can offer first-hand accounts of asbestos use, working conditions, and safety measures in the workplace when you were there.
Their statements confirm the use of asbestos-containing materials and the general exposure risks. Testimonies can be particularly helpful when there are incomplete employment records, or companies deny liability. Combining witness testimonies with medical and work records will increase your chances of getting fair compensation.
Expert Testimonies
To prove workplace asbestos exposure in mesothelioma cases, you may sometimes need expert witnesses. Medical experts can confirm that your illness occurred due to exposure to the substance. Then, occupational and environmental specialists can explain how asbestos was present.
Other experts, such as asbestos analysts and industrial hygienists, can also offer insight into safety violations and exposure levels. These experts help by connecting the victim’s work history to their diagnosis, making the claim more solid.
Imaging Scans
Imaging scans offer visual evidence of asbestos-related damage to the victim during a mesothelioma case, thereby proving exposure. X-rays, CT scans, and MRIs detect symptoms such as lung scarring, pleural thickening, and tumors linked to asbestos.
While these scans help medical experts confirm a victim’s mesothelioma diagnosis, they also strengthen legal claims by demonstrating the illness’s progression. They serve as compelling evidence in legal claims, supporting requests for compensation against negligent employers.
The Challenges in Proving Workplace Asbestos Exposure
While there are several ways to prove workplace asbestos exposure, victims often face challenges in clearing every doubt. The timeline involved can also cause problems when establishing a solid claim. Here are a few.
Multiple Exposure Sources
Multiple potential sources may pose a significant challenge in proving asbestos exposure in a mesothelioma case. Many people suffer secondhand exposure to asbestos or come into contact with this material from their previous jobs or other environmental sources.
This can make it difficult to identify one workplace as the primary cause of the illness. Companies may argue that the exposure happened elsewhere, complicating the entire case. To avoid this problem, victims must provide strong medical evidence and testimony to establish a connection.
Long Latency Period
Since mesothelioma symptoms appear 20 to 50 years after exposure, proving a particular employer’s liability can sometimes be difficult. Because the symptoms appear decades after exposure, victims may find it difficult to remember the specific job sites, employers, or asbestos-containing materials.
Companies may have changed ownership or closed during this period, making it harder to obtain the needed records. To prevent this from denting the case, victims must have comprehensive employment records, medical documentation, and witnesses.
Quantifying Asbestos Fibers
Another challenge in proving exposure in a mesothelioma case is measuring the asbestos fibers. Unlike other workplace hazards, asbestos exposure is not usually measured immediately, so knowing how much of the substance someone has inhaled can be difficult to ascertain.
Companies may argue that the exposure was too low to cause mesothelioma. Fortunately, experts can analyze the conditions of the workplace, the available reports, and biopsies to get a figure. Combined with employment records, linking exposure to the disease will become easier.
Endnote
Proving workplace asbestos exposure is the most important aspect of a mesothelioma case. This involves reviewing medical records, biopsies, imaging scans, and employment records. Expert and witness testimonies also help to prove exposure and get a fair settlement.
Featured Photo by Pavel Danilyuk
