WHAT TO EXPECT WHEN FILLING A LAWSUITS?

 

Having the right mind set and being aware of the expectation is important. In a mesothelioma lawsuit, the plaintiff will need to prove the following:

• An injury was suffered
• The injury resulted from the defendant’s negligence
• Losses were incurred as a result of the injury

Due to the fact that up to today asbestos is the only known cause of mesothelioma, the plaintiff and their attorney must have a way to establish proof of exposure, which at time may be an even that have occurred decades before the diagnosis. The following evidence can help substantiate a link between the plaintiff’s illness and their exposure to asbestos: 

• Records of all medical and financial expenses relating to the illness;
• Reports of other employees in similar positions around the same time who contracted an asbestos-related illness;
• An estimate on the length of time the plaintiff was exposed to the asbestos;
• Proof of the employer’s knowledge of the danger of the product and employing its use, regardless; and/or
• Proof that the employer should have known the dangerous nature of the product.

It is typical for the defendant to deny any guilt or wrongdoing when presented with the plaintiff’s allegations. The defendant will then make every attempt to prove that the victim contracted the disease elsewhere, and not under their umbrella of employment.  In these cases, the defendant may respond with claims that:

• Smoking and drug use caused the alleged health problems;
• Family history shows a history a health problems;
• The plaintiff worked with asbestos in other, worse conditions;
• There has not been a formal diagnosis of mesothelioma by a physician;
• Exposure to the asbestos also occurred at home, not just at work;
• The medical condition is not related to asbestos exposure; or
• The family does not have the authority to bring a claim on the deceased’s behalf.

If you have been diagnosed with mesothelioma, the best route to take is consult with a mesothelioma attorney. The lawyers will investigate your employment history to determine the source of your exposure. This will allow the lawyer an opportunity to show a causal link between your exposure and diagnosis, and to refute the defendant’s claim(s).

 

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