Asbestos & Mesothelioma Law Blog
Mesothelioma is a rare but aggressive cancer caused by prolonged exposure to asbestos. Asbestos has been widely used in construction, manufacturing, and other industries for decades because of its heat resistance and durability. Unfortunately, many companies knew of its dangers but failed to warn workers or provide proper protection. This negligence left many workers exposed to toxic asbestos fibers, leading to the development of mesothelioma and other health issues years later.
If you or a loved one has been diagnosed with mesothelioma, proving negligence is key to holding the responsible parties accountable and securing the compensation you deserve. But how do you prove that your employer, manufacturer, or another party acted negligently? Read on to learn more.
Establishing Duty of Care and Breach
The first step in establishing negligence is showing that the defendant had a duty to exercise care toward you. Employers, manufacturers, and property owners are legally required to take reasonable measures to prevent harm. This includes providing safe working conditions, testing materials used in products, and providing safety warnings of asbestos-related risks. When a party responsible for preventing harm fails to uphold their responsibilities, this is considered a breach of duty. In mesothelioma cases, a breach of duty can involve the following:
- Employers failing to provide protective gear or ignoring safety regulations
- Companies hiding the risks of asbestos exposure from employees and consumers
- Manufacturers selling asbestos-laden products without proper warnings.
Proving Causation
Once you have established a duty of care and breach, the next step is proving causation. Essentially, this involves directly linking the asbestos exposure to your mesothelioma illness. Demonstrating causation can be challenging because mesothelioma symptoms and diagnosis often happen many decades after exposure.
However, an experienced attorney can help prove this link by gathering key evidence, such as:
- Employment records: These help trace where and when the exposure occurred.
- Medical records: Doctors and medical experts provide testimony directly linking asbestos exposure to the disease.
- Witness testimonies: Former coworkers or industry experts can confirm unsafe working conditions or the company’s negligence.
- Company documents: Internal memos, product specifications, and safety guidelines may reveal that a company was aware of asbestos dangers but failed to act appropriately.
Demonstrating Damages Incurred
You also have to determine the damages caused by the disease. Mesothelioma can have both financial and non-financial impacts on a person’s life. Some of the damages you may incur include medical expenses, lost wages, cost of long-term care, pain and suffering, emotional distress, and diminished quality of life. Documenting these damages comprehensively is crucial to securing fair compensation.
Steps to Take When Filing a Mesothelioma Lawsuit
If you or a loved one has been diagnosed with mesothelioma and believe negligence played a role, here’s what you should do:
- Seek legal help: An experienced mesothelioma attorney can help you build a strong case.
- Gather medical records: Document all treatments and diagnoses related to your condition.
- Compile employment history: Identify workplaces or products that may have exposed you to asbestos. Your lawyer can help you with this.
- Find witnesses: Former coworkers or industry experts may provide valuable testimony.
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 you and your family live a more comfortable life.