Proving who is responsible for asbestos exposure in mesothelioma cases can be very difficult. The disease takes years, sometimes decades, to develop. Victims and their families must gather specific evidence to show how the exposure happened and who is liable.
Long Latency Periods Add Complexity
One of the hardest parts of mesothelioma cases is the time it takes for the disease to show symptoms. Mesothelioma often develops 20 to 40 years after exposure to asbestos. This delay makes it hard to remember exact details, such as the job sites, products, or companies that might have caused the exposure.
Adding to the difficulty, many companies responsible for the exposure may no longer exist, or the records of asbestos use might be incomplete. Even though medical records confirm the diagnosis, connecting the illness to a specific exposure decades earlier takes more than just a doctor’s note. Employment records, witness statements, and job histories are often needed.
Multiple Exposure Sources Complicate the Case
Another challenge is that exposure may have come from several sources. For instance, a construction worker might have handled asbestos insulation, while a mechanic could have been exposed through brake pads or other automotive parts.
Sometimes, exposure even happens indirectly. Secondhand exposure happens when asbestos fibers are brought home on work clothing and family members breathe them in.
Investigators and lawyers often use tools like databases and product guides to identify asbestos-containing materials. Witness testimonies from co-workers or supervisors can also help prove where and how the exposure happened.
Proving the Link
To succeed in a claim, victims must show that asbestos exposure caused their illness. Building a clear timeline that links the exposure to the diagnosis is critical. Expert witnesses, such as industrial hygienists or doctors, often play a big role in proving the connection.
Statutes of limitations also add pressure, as victims have limited time to file a claim. Acting quickly is important to avoid losing the chance to hold responsible parties accountable.
Let’s Work Toward Justice Together
If you or someone you love is facing this challenge, we are here to help. Contact Pourciau Law Firm to learn how we can assist you in seeking justice.