The Burden of Proof for Mesothelioma Claims
Asbestos inhalation or ingestion can cause cancer of the lung, larynx, and ovaries, and mesothelioma. According to the World Health Organization, roughly half of deaths from occupational cancer are estimated to be caused by asbestos. Lawsuits and claims have provided mesothelioma victims with compensation for their disease. However, an asbestos mesothelioma claim can be lost if the burden of proof cannot be provided.
What is Burden of Proof?
Even though the only known cause of mesothelioma is asbestos exposure, it still up to the injured party to prove that exposure existed. This is the “burden of proof.” Where an individual worked, what products were used, and how a person was exposed to asbestos must be proved and fully documented. This makes lung cancer and other asbestos-caused cancer cases such as mesothelioma even more challenging.
To receive compensation from a lawsuit against a company or a claim against an asbestos trust fund, the claimant may need the following:
- Medical records – X-rays, pathology reports, lab tests, doctors’ notes, and statements that show evidence of mesothelioma or an asbestos-related illness connected to your asbestos exposure.
- Evidence of asbestos exposure from your employment – Employment records or an affidavit from people who can testify to your employment. If you developed an illness due to a family member’s exposure, document the relative’s exposure to asbestos.
- Proof of exposure to the company’s products – You must show that the asbestos in question came from a specific product manufactured by or used by the company.
- Death certificate – If the claim is filed on behalf of survivors or the estate of a mesothelioma victim, you must produce a death certificate.
These documents will help prove to the judge, jury, or trust review panel which manufacturers produced, sold, and used asbestos products. Mesothelioma cases that are lost are often because there wasn’t enough evidence to prove a manufacturer’s product contained asbestos, or that the victim wasn’t exposed by some other means.
Choosing a Mesothelioma Attorney
Without evidence of your exposure, your claim won’t be able to move forward. Proving your asbestos exposure from a company and a product that caused your disease is not an easy task.
At Goldberg, Persky, & White P.C., we are experienced mesothelioma attorneys and can help provide your history of asbestos exposure from specific companies, job sites, and products through asbestos databases that have tracked liable manufacturers, employers, job sites, and products over the years. We will interview and collect affidavits and witness testimonies from former co-workers and managers showing job sites you worked at and asbestos products you used.
Our internal memos and company documents show defendants knew about the asbestos in their products and the dangers of asbestos exposure.
Contact Goldberg Persky & White P.C. today!
Bellon, Tina, “Jury orders J&J to pay $4.7 billion in Missouri asbestos cancer case” Reuters (2018). [link]
“NY Court of Appeals Affirms Decision Tossing $11 Million Asbestos Verdict” Sports.Yahoo.com (2018). [link]