What to Expect When Filing a Mesothelioma Lawsuit

In a mesothelioma lawsuit, the plaintiff must prove the following:

• An injury was suffered
• The injury resulted from the defendant’s negligence
• Losses were incurred as a result of the injury

Because asbestos is the only known cause of mesothelioma, the plaintiff and his or her attorney must establish proof of exposure, which may have occurred decades before the diagnosis. The following evidence can help substantiate a link between the plaintiff’s illness and their exposure to asbestos:

• Records of all medical and financial expenses relating to the illness
• Reports of other employees in similar positions who contracted asbestos-related illnesses
• An estimate on the length of time the plaintiff was exposed to the asbestos
• Proof of the employer’s knowledge of the danger of the product and employing its use
• Proof that the employer should have known the dangerous nature of the product

Typically, the defendant will deny any guilt or wrongdoing when presented with the plaintiff’s allegations. The defendant will attempt to prove that the victim contracted the disease elsewhere and not under their umbrella of employment.  In these cases, the defendant may respond with claims that:

• Smoking and drug use caused the alleged health problems
• Family history shows a history a health problems
• The plaintiff worked with asbestos in other, worse conditions
• There has not been a formal diagnosis of mesothelioma by a physician
• Exposure to the asbestos also occurred at home, not just at work
• The medical condition is not related to asbestos exposure
• The family does not have the authority to bring a claim on the deceased’s behalf

If you have been diagnosed with mesothelioma, our lawyers can investigate your employment history to determine the source of your exposure. This will allow us an opportunity to show a causal link between your exposure and diagnosis, and to refute the defendant’s claims