Building an Asbestos Exposure Claim

Before 1980, most industrial workers were exposed to asbestos. This fibrous mineral, which does not conduct heat or electricity, has been used since ancient times. Industrial mining innovations in the early 1900s made a cheap mineral even cheaper. High-efficiency asbestos prompted companies to cover up the known health risks. So, for many years, asbestos meant higher profits for large companies, and workers paid the price.

Most asbestos-exposure illnesses, like pleural mesothelioma, have extremely long latency periods. Industrial workers who were exposed to asbestos around 1980, when this substance was widely used, may not display visible illness symptoms until at least 2030. By that time, their illnesses are often untreatable. A nationwide mesothelioma lawyer makes a bleak situation a little brighter by going to court and obtaining the compensation these families need and deserve.

Lung diseases like pleural mesothelioma are not just hard to treat. They are also very hard to diagnose. So, an accurate medical diagnosis is the foundation of a strong asbestos exposure claim.

Cancer is one of the most commonly misdiagnosed conditions, mostly because many doctors do not make evidence-based diagnoses. When older adults complain of trouble breathing and other lung cancer symptoms, many doctors simply do not listen. The average doctor-patient conversation about such matters lasts a little over ten seconds.

Then, many doctors do not follow up with a full battery of tests, typically because they fear insurance will not pay for them. Alternatively, they over-delegate test result interpretation to less-qualified professionals, once again, for cost reasons.

On top of everything else, environmental cancer is inherently difficult to diagnose. Most of these victims show no apparent lifestyle red flags, like heavy smoking, or genetic red flags, like a family history of cancer.

To overcome these shaky diagnosis issues, a nationwide asbestos lawyer typically refers victims to a board-certified oncologist. Additionally, these physicians are aware of any treatment options, so doctors can start fighting asbestos-exposure diseases as soon as possible. All this medical support usually costs asbestos-exposure victims nothing out of pocket.

A solid medical diagnosis and an exposure window determination usually go hand in hand. Usually, the comprehensive medical treatment discussed above includes a probable exposure date. A board-certified oncologist simply considers the progression of the disease and determines when asbestos fibers first infect the victim’s body.

An attorney compares this probable exposure date with the victim’s work history. Actual proof of on-the-job exposure may be required. The burden of proof in a workers’ compensation or civil claim is only a preponderance of the evidence (more likely than not).

Picture two stacks of paper side by side. Both stacks of writing paper contain the same number of sheets. If someone moves one sheet of paper from the right to the left, the stack on the left is higher than the one on the right. That’s a preponderance of the evidence.

Evidence of actual exposure is often relevant and necessary in terms of damages. Usually, there is a direct relationship between the amount of proof a victim/plaintiff presents and the amount of compensation jurors award.

Most industrial asbestos exposure victims have multiple legal options. In almost all cases, illness claims are settled out of court and on victim-friendly terms.

Mesothelioma victims need and deserve significant compensation. For a free consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. We do not charge upfront legal fees in these matters.