If you have been diagnosed with mesothelioma, you have the right to file a mesothelioma lawsuit against parties responsible for your asbestos exposure. Mesothelioma lawsuits require compelling evidence of asbestos exposure to hold negligent parties accountable. Unfortunately, gathering such evidence can be challenging due to the disease’s long latency period. Companies responsible for asbestos exposure may have shut down, witnesses might struggle to recall details, and you may have unknowingly faced multiple asbestos exposures. Despite all this, you can build a solid case with the proper evidence. Here is how you can do this:
Gather as Many Documents as You Can
Comprehensive documentation is crucial for a successful mesothelioma lawsuit. This includes gathering key documents, such as:
- Medical Records
Medical records help to establish your diagnosis and link it to asbestos exposure. Gather pathology reports, imaging scans, blood test results, prescriptions, and your doctor’s written statement that connects your mesothelioma to asbestos.
- Work History
If you were exposed to asbestos while on the job, having detailed evidence of your employment history is essential. This involves proof of your time at the company by providing pay stubs, employment contracts, or union records. If, for instance, you worked in construction, create a list of products and materials you handled that may have contained asbestos.
- Property Records
If you were exposed to asbestos in a home, gather sale documents, particularly the property disclosure forms. If the seller failed to disclose asbestos hazards, they may have breached a duty of care.
- Witness Statements
Statements from coworkers, supervisors, or others familiar with your exposure can corroborate your claims about the presence of asbestos in the workplace or other settings.
Create a Timeline to Trace Your Exposure
A detailed timeline can help pinpoint where and when you were exposed to asbestos, making it easier to identify liable parties. Working with an experienced mesothelioma attorney who can help reconstruct your occupational, residential, or environmental history is best. A detailed timeline may come in handy if your case involves multiple sources of exposure.
What You Need to Prove
To succeed in your mesothelioma lawsuit, you must demonstrate four key elements:
- Duty of Care: The defendant owed you a responsibility to prevent harm, such as providing a safe workplace or disclosing asbestos hazards.
- Breach of duty of care: The defendant failed to meet that responsibility (was therefore negligent) by knowingly exposing you to asbestos and doing nothing or little to prevent it.
- Causation: The exposure caused or significantly contributed to your mesothelioma.
- Damages: You suffered losses, such as medical expenses, loss of earnings, and pain and suffering, due to your illness.
Who is Eligible to File a Mesothelioma Lawsuit?
Anyone diagnosed with mesothelioma due to asbestos exposure may be eligible to file a claim. This includes individuals exposed at work, in the military, or in their homes. If you have lost a loved one due to mesothelioma, you may also have the right to file a wrongful death claim.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and help you and your family live a more comfortable life.