Asbestos & Mesothelioma Law Blog
Asbestos exposure can cause several illnesses. One of the illnesses people develop after suffering asbestos exposure is mesothelioma. According to statistics, around 3,000, new mesothelioma cases are diagnosed yearly in the United States. And while mesothelioma is more common in older people, even younger people can develop this illness. If you or a loved one were diagnosed with mesothelioma, you may be eligible to file a legal claim and seek compensation from negligent parties. However, if you are unable to meet the burden of proof, you may lose your case.
What is the Meaning of Burden of Proof in Mesothelioma Cases?
To date, the only known cause of mesothelioma is asbestos exposure. Asbestos exposure causes mesothelioma when a person inhales or ingests asbestos fibers, and the fibers get attached to the lining of the lungs, stomach, testes, or heart. However, it is up to the victim or their family to prove that asbestos exposure happened. This is what is called the “burden of proof.”
There are different standards of proof. Different standards apply to criminal and civil cases. A mesothelioma case is a civil case. In a criminal case, the standard of proof is known as “beyond a reasonable doubt.” On the other hand, the standard of proof in a civil case, including a mesothelioma case, is “by a preponderance of the evidence.” In other words, in a mesothelioma case, you are required to show that it is more likely than not that the defendant is responsible for the asbestos exposure that led to the development of mesothelioma.
Typically, proving this requires establishing the following four elements:
- Duty of care
- Breach of duty of care
- Causation
- Damages
After you file your mesothelioma case, you need to prove that the defendant had a legal responsibility to treat you or your loved one with reasonable care. You need to prove that the defendant did something that a reasonable and prudent individual wouldn’t have done in the same situation. After that, you need to prove that the defendant’s behavior caused you or your loved one to develop mesothelioma. Finally, you must show that you or your loved one suffered specific damages or losses, such as medical expenses, lost wages, pain and suffering, and loss of enjoyment of life.
Meeting the Burden of Proof
The following are some of the types of evidence claimants use to meet the burden of proof in a mesothelioma case:
- Documentary evidence: This proof includes medical documents, scientific reports, and other documents.
- Lay witnesses: Family members, friends, colleagues, and other people can testify about what they saw, know, or heard. For example, a claimant’s colleague could testify that an employer had them do demolition work in an old building without providing proper personal protective equipment.
- Expert witnesses: These witnesses have special knowledge, training, skills, or education in the subject of mesothelioma. Expert witnesses provide information that is a matter of fact and can help interpret evidence.
Expert witnesses are often the most crucial in a mesothelioma case.
Nationwide Mesothelioma Lawyers
If you or someone you know was diagnosed with mesothelioma, contact our office to talk to one of our experienced and nationwide mesothelioma attorneys about your case. Our office can help investigate your case and determine whether compensation can be sought from any negligent parties to help pay for you and your family to live a more comfortable life.