Standing, Burden of Proof and Asbestos Exposure
Mesothelioma is a deadly cancer caused by exposure to asbestos, a mineral commonly used in construction, shipbuilding, and other industries until the 1970s. Asbestos exposure can occur through inhalation of asbestos fibers in the air, ingestion of asbestos-contaminated food or water, or skin contact with asbestos fibers. Mesothelioma can take decades to develop, and its symptoms often resemble those of other less serious conditions, making it difficult to diagnose early. Because of these factors, victims of mesothelioma and their families may be eligible for compensation to cover medical expenses, lost income, and pain and suffering.Standing to Bring a Lawsuit in Mesothelioma Cases
Standing is a legal term that refers to the right of a person or entity to bring a lawsuit in court. In mesothelioma cases, standing is typically established by showing that the plaintiff (the person bringing the lawsuit) has suffered an injury caused by exposure to asbestos. This injury can take many forms, including a diagnosis of mesothelioma or another asbestos-related disease or the death of a loved one due to mesothelioma or another asbestos-related disease.
In addition, the plaintiff must be able to show that the defendant (the person or entity being sued) was responsible for the asbestos exposure that caused the injury. This can be challenging in mesothelioma cases, as the exposure may have occurred decades ago, and the defendant may have gone out of business or changed ownership.Proving Asbestos Exposure in Mesothelioma Cases
Proving asbestos exposure is a key element in mesothelioma cases. There are several ways to establish that a person was exposed to asbestos, including:
- Employment history: Many mesothelioma victims were exposed to asbestos while working in industries that used asbestos, such as construction, shipbuilding, or manufacturing. By examining a person's employment history, it may be possible to identify sources of asbestos exposure.
- Medical history: Mesothelioma is often diagnosed many years after the initial exposure to asbestos. By reviewing a person's medical history, including X-rays, CT scans, and other tests, it may be possible to identify signs of asbestos exposure.
- Witness testimony: In some cases, witnesses who worked with the plaintiff or were present at the site of the exposure may be able to provide testimony about the presence of asbestos.
- Product identification: In cases where a specific product containing asbestos is responsible for the exposure, it may be possible to identify the product through testing or other methods.
In civil cases, including mesothelioma cases, the burden of proof falls on the plaintiff. This means that the plaintiff must present evidence that proves, by a preponderance of the evidence (meaning that it is more likely than not), that the defendant was responsible for the injury. In mesothelioma cases, this typically involves showing that the defendant was aware of the risks associated with asbestos exposure but failed to take adequate precautions to protect workers or consumers. This can be challenging, as the defendant may argue that the plaintiff's exposure to asbestos occurred outside of their control or that they were not aware of the dangers at the time.How the Throneberry Law Firm Can Help Mesothelioma Victims
The attorneys at the Throneberry law firm have extensive experience representing mesothelioma victims and their families. Our attorneys can help victims of asbestos exposure in several ways, including:
- Investigating the exposure: Our attorneys will conduct a thorough investigation into the circumstances surrounding the exposure to asbestos, including reviewing medical and employment records, interviewing witnesses, and identifying potential sources of exposure.
- Building a strong case: Our attorneys will work to build a strong case on behalf of the victim, including gathering evidence to establish liability, developing a strategy for proving the injury, and preparing for trial if necessary.
- Pursuing compensation: Our attorneys will work to pursue compensation for the victim, including seeking compensation for medical expenses, lost income, pain and suffering, and other damages related to the injury.
- Providing support: Our attorneys understand the emotional toll that mesothelioma can take on victims and their families, and we are committed to providing compassionate support throughout the legal process.
Mesothelioma is a devastating disease caused by exposure to asbestos, and victims and their families may be eligible for compensation to cover medical expenses, lost income, and pain and suffering. Establishing standing, proving asbestos exposure, and meeting the burden of proof are all critical elements in mesothelioma cases. The attorneys at the Throneberry law firm have extensive experience representing mesothelioma victims and their families. If you or a loved one has been diagnosed with mesothelioma, contact the Throneberry law firm today to learn how we can help you pursue the compensation you deserve.