Proving your asbestos claim

On Behalf of | Aug 4, 2020 | asbestos

Workers who have been exposed to asbestos for an extended period of time may suffer severe health consequences, including mesothelioma. If you are thinking about filing a lawsuit against a company for asbestos exposure, you may be wondering what you need to prove in order to recover compensation. Victims and their families may recover damages for medical expenses, lost wages, loss of earning capacity, physical and mental pain and suffering, loss of companionship, and loss of household services.

Proving exposure to asbestos

In order to file a successful lawsuit for damages stemming from asbestos exposure, you will first need to prove that you were exposed to asbestos. Your attorney can determine whether your workplace has a history of working with asbestos and try to figure out the location of the exposure. You will also need to determine which of the materials/products contained asbestos.

Proving company negligence

In addition to proving your exposure to asbestos, you must also show that your workplace acted negligently by:

  • Using asbestos materials knowing that they were hazardous
  • Failing to perform inspections or risk assessments
  • Failing to provide workers with proper safety equipment
  • Failing to implement safety policies for employees working with asbestos

Your attorney may be able to establish this negligence through company documentation acknowledging the dangers of asbestos and eyewitness testimony from former and current workers.

Establishing causation and damages

Next, you will need to establish that you suffered harm, and the harm you suffered was directly and proximately caused by your exposure to asbestos. While there is no medical test for asbestos exposure, lung function tests years after exposure can show that your lungs changed due to asbestos exposure. Expert testimony from medical professionals, your medical records, and other evidence can establish that your exposure to asbestos led to your health problems.

Louisiana attorneys specializing in asbestos can help you file your claim

Proving asbestos exposure and the harm caused because of it is a lengthy process and can be complicated. An attorney specializing in these claims can review your case and put together the evidence you need to prove your claim and get you the damages you deserve.