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Pursuing Justice: The Burden of Proof for Mesothelioma and Asbestos Exposure Lawsuits

Asbestos exposure has been a significant concern in the United States, leading to severe health complications and even death. If you have suffered from asbestos-related illnesses due to workplace exposure, you may be entitled to seek compensation from your employer.

Burden of Proof

To successfully sue an employer for asbestos exposure, an employee must meet the burden of proof, which requires establishing the following elements:

  • Duty of Care: The employee must demonstrate that the employer owed a duty of care to provide a safe working environment and protect employees from asbestos exposure.
  • Breach of Duty: The employee must establish that the employer breached their duty of care by failing to take appropriate measures to prevent or mitigate asbestos exposure.
  • Causation: The employee must establish a direct link between the asbestos exposure in the workplace and the resulting illness or injuries suffered.
  • Damages: The employee must prove the extent of damages incurred, including medical expenses, lost wages, pain and suffering, and other related losses.
Notable Payout Examples

Several high-profile asbestos exposure cases have resulted in substantial payouts to affected employees. While each case is unique, the following examples illustrate the payments made by companies over the years.

  • Johnson & Johnson: In 2018, a California jury awarded $27.1 million to plaintiffs.
  • R. Grace and Company: In 2008, W.R. Grace agreed to pay $250 million to settle claims related to asbestos exposure in their vermiculite mine in Libby, Montana. The settlement aimed to compensate thousands of individuals who suffered from asbestos-related diseases due to the company's negligence.
  • Owens Corning: In 2005, Owens Corning, a major manufacturer of asbestos-containing products, filed for bankruptcy protection and established a $5 billion trust fund to compensate victims of asbestos-related illnesses.
The Throneberry Law Group: Your Partner in Seeking Justice

If you or a loved one has been exposed to asbestos and suffered health complications, the Throneberry Law Group specializes in asbestos-related litigation and can assist you in navigating the complex legal process. With our experience, we can help you file a lawsuit or negotiate a settlement to ensure you receive the compensation you deserve.

Seeking justice for asbestos-related illnesses is a complex journey, but with the right legal representation, you can navigate the legal system and maximize your chances of a favorable outcome. The Throneberry Law Firm has a proven track record of assisting clients in asbestos cases and can provide you with the support and expertise needed to fight for your rights.

Do not delay taking action if you suspect asbestos exposure has affected your health. Contact the Throneberry Law Group today for a free, comprehensive, and confidential consultation. Let’s begin your journey toward obtaining the compensation you deserve. Whether you want to go to trial or settle your case, we are here to support you doing this difficult and emotional time. Remember, you are not alone, and justice is within reach. We are here for you, and we want to help.

Client Reviews
You are the reason my mother was able to cope with losing a loved one. You and your staff are always helpful and go above and beyond to help. You have been great to my family and especially my mother. My mother would always come out of your office with a peace of mind. R.S.
We are so appreciative of the results Michael Throneberry got for us! Michael Throneberry and the attorneys we worked with were focused on our peace of mind and seemed to care for my family and me as if we were family. They truly get it. We were thrilled with the result and would recommend this firm to anyone. M.S.
During one of my family's darkest and trying times, Michael Throneberry was there to provide help. His personal experience with mesothelioma made certain that he advised us like family. Thank you, you are wonderful. Do yourself a favor and let him help you during this trying time. He is a true 10 on a scale of 1 to 10. T.S.
Michael Throneberry gave me a whole new outlook on attorneys'! A very caring person who was more concerned with my health than a case. Truly unexpected! He explained possible conditions in english and even found the right doctors in my area. Prepared me for the right questions to ask the doctors so that I can understand my illness better. A great person and a great human being! Thank you. Greg