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Proving a Mesothelioma Claim

After a person is diagnosed with mesothelioma they may be entitled to recover compensation from the party responsible for their asbestos exposure. However, compensation does not come automatically. A mesothelioma patient needs to undergo a specific process to recover compensation. For example, a mesothelioma patient can file a mesothelioma claim against the negligent party. After filing their claim, a mesothelioma patient will need to prove their case before they can recover compensation. Fortunately, lawyers are available to help mesothelioma patients with their claims. In fact, it is not advisable to handle a mesothelioma claim without a legal representative.

Proving Asbestos Exposure

In any mesothelioma claim, asbestos exposure must be proven. After a mesothelioma patient hires a lawyer, the lawyer will want to look at the patient’s diagnosis. Because asbestos exposure is the primary cause of mesothelioma, a doctor’s diagnosis can help prove asbestos exposure.

Apart from a doctor’s diagnosis, a patient’s history of working with asbestos-contaminated materials can help prove asbestos exposure. After a mesothelioma patient retains a lawyer to help them with their claim, the lawyer will want to know if the patient knows which asbestos-contaminated materials they worked with in the past. Experienced attorneys have records of all the known asbestos-contaminated products and can help a client determine if they might have been exposed to asbestos through the work they used to do.

Suppose a patient does not perfectly remember the product that might have led to them being exposed to asbestos. In such a case, an attorney can help the patient identify the products that might have led to them being exposed to asbestos. Also, mesothelioma lawyers are experienced in helping patients who have worked multiple jobs determine the source of their asbestos exposure.

Apart from high-risk occupations, other common sources of asbestos exposure include;

  • Asbestos products
  • Certain job sites
  • Military exposure

Proving Negligence

Apart from proving asbestos exposure, one needs to prove negligence on the side of the defendant in order to recover compensation in a mesothelioma case. A mesothelioma claim is generally like any other personal injury claim. So to prove negligence in a mesothelioma case, a plaintiff needs to show that;

  • The defendant had a duty to protect them (the plaintiff)
  • The defendant failed at that duty
  • The defendant’s negligence caused harm

An experienced mesothelioma lawyer can help prove that the defendant knew about the risk of asbestos exposure but did nothing about it or failed to warn the victim.

Defenses Used by Defendants in Mesothelioma Cases

In a mesothelioma case, the plaintiff is given a chance to prove their case, and the defense side is given an opportunity to defend itself. One common defense defendants use in mesothelioma cases is that the victim could have been exposed to asbestos at another point in their life. Defendants use this defense a lot because mesothelioma has a long latency period. Fortunately, an attorney can help prove that the victim’s primary asbestos exposure was from a particular employer or product.

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 to help you and your family live a more comfortable life.

 

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