Types of Evidence
Asbestos and mesothelioma cases have been on the rise in the United States over the past few decades. Unfortunately, asbestos exposure can lead to serious health problems, including mesothelioma, a type of cancer that affects the lining of the lungs, heart, or abdomen. If you or a loved one has been diagnosed with mesothelioma as a result of asbestos exposure, you may be able to file a legal claim to recover damages. However, to succeed in such a case, you will need to present certain types of evidence.Types of Evidence Needed for an Asbestos/Mesothelioma Case
To prove an Asbestos/Mesothelioma case, a plaintiff must typically establish three key elements — exposure to asbestos, causation, and damages. To do so, a plaintiff will need to present several types of evidence.Medical Evidence
To establish causation, a plaintiff will need to provide medical evidence that links their mesothelioma diagnosis to asbestos exposure. This may include medical records, reports from medical experts, and testimony from treating physicians. Medical evidence can also help establish the extent of the damages suffered by the plaintiff, including the cost of medical treatment and lost wages.
In the case of Bouchard v. American Home Assurance Co., in 1996, a plaintiff with mesothelioma presented medical evidence linking his condition to asbestos exposure during his employment with a construction company. The plaintiff's treating physician testified that the plaintiff's mesothelioma was caused by his exposure to asbestos, and the court found in favor of the plaintiff.Employment Records
To establish exposure to asbestos, a plaintiff will need to present employment records or other evidence showing that they worked in an industry or occupation that involved asbestos exposure. This may include pay stubs, tax documents, or other records that show the plaintiff's work history. It may also be necessary to locate former colleagues or supervisors who can testify about the plaintiff's exposure to asbestos.
In the case of Suttles v. Armstrong World Industries, Inc., in 2013, a plaintiff with mesothelioma presented employment records showing that he worked for a company that manufactured ceiling tiles containing asbestos. The plaintiff also presented testimony from former colleagues who confirmed his exposure to asbestos while on the job. The court found in favor of the plaintiff, awarding damages for medical expenses, lost wages, and pain and suffering.Product Identification
To establish exposure to asbestos, a plaintiff may need to provide evidence of the specific products or materials that contained asbestos and that the plaintiff was exposed to. This may involve identifying the manufacturers of asbestos-containing products, such as insulation, roofing materials, or automotive parts. It may also be necessary to obtain product samples or other physical evidence to establish that a particular product contained asbestos. In the case of Tucker v. Harcros Chemicals, Inc., 2017, a plaintiff with mesothelioma presented evidence that he was exposed to asbestos while working with Harcros Chemicals' products, which contained asbestos. The plaintiff's expert witness identified the specific products that contained asbestos and explained how they were used in the plaintiff's workplace. The court found in favor of the plaintiff, awarding damages for medical expenses, lost wages, and pain and suffering.Witness Testimony
Witness testimony can be a powerful tool in establishing exposure to asbestos and causation. Witnesses may include former colleagues, supervisors, or family members who can testify about the plaintiff's work history, exposure to asbestos, and related health issues. Witness testimony can also help establish the extent of the damages suffered by the plaintiff.
In the case of Ferraro v. CertainTeed Corporation, 2005, a plaintiff with mesothelioma presented witness testimony from former colleagues who confirmed his exposure to asbestos while working with CertainTeed's products. The plaintiff also presented medical evidence linking his mesothelioma to the asbestos exposure. The court found in favor of the plaintiff, awarding damages for medical expenses, lost wages, and pain and suffering.Industry or Company Documents
Industry or company documents can provide critical evidence in establishing exposure to asbestos and causation. These documents may include safety manuals, product information, or internal communications that show the defendant knew or should have known about the dangers of asbestos exposure. Such evidence can be particularly compelling in cases where the defendant is a manufacturer or supplier of asbestos-containing products.
In the case of Barker v. ACandS, Inc., in 1993, a plaintiff with mesothelioma presented internal documents from the defendant, a contractor that installed asbestos-containing insulation. The documents showed that the defendant was aware of the health risks associated with asbestos exposure but failed to take adequate safety measures. The court found in favor of the plaintiff, awarding damages for medical expenses, lost wages, and pain and suffering.
Why Contact the Throneberry Law Firm for Mesothelioma/Asbestos Claims? Asbestos/mesothelioma cases can be complex and challenging to litigate. To succeed in such a case, a plaintiff will need to present a compelling case that establishes exposure to asbestos, causation, and damages. The Throneberry Law Firm is a nationwide law firm that specializes in mesothelioma and asbestos claims. The firm has extensive experience in litigating these types of cases and can provide the legal representation and guidance necessary to recover damages for your injuries. Overall, if you or a loved one has been diagnosed with mesothelioma as a result of asbestos exposure, contacting the Throneberry Law Firm may be your best option for obtaining the compensation you deserve. Call us now.