After someone is diagnosed with mesothelioma, they may be eligible to file a compensation claim against the negligent party or parties that are to blame for their asbestos exposure and get justice and financial compensation. And the reality is that, whereas some cases of asbestos exposure are unpreventable, most cases are preventable. Most people who develop mesothelioma are eligible to recover compensation from negligent parties. However, mesothelioma victims must prove their case to get the justice and compensation they deserve. In order to prove a mesothelioma case, evidence is needed. One of the types of evidence that can help prove a mesothelioma case is documentation.
Documentation That Can Be Provided in a Mesothelioma Case
Several documents can be provided in a mesothelioma case that can help prove the case and, thus, enable the claimant to get the justice and financial compensation they deserve. They include the following;
- Employment records if the victim suffered asbestos exposure while on the job
- Pay stubs from past employment
- Pathology reports proving the diagnosis
- Military records if the victim was in the military
- Scans showing the extent of the mesothelioma
- A doctor's statement connecting the asbestos exposure to the mesothelioma diagnosis
- Contact information of coworkers from the time when the victim was exposed to asbestos
Some of the records mentioned above can be hard to obtain. Sometimes, liable parties even try to hide evidence of asbestos exposure to limit or escape liability. Fortunately, if a mesothelioma victim does not have one or more than one of the above-outlined documents, they can seek the help of an attorney. An attorney can locate all necessary documents. A skilled attorney can help track down employment records and pay stubs from past employment if they are not in the victim's possession. An attorney can help track military records. A qualified mesothelioma lawyer can help track down former coworkers with whom the victim may have lost touch and get their contact information for witness testimony. A skilled mesothelioma lawyer can also ask the doctor's office to provide all the relevant medical records.
Other documents a qualified mesothelioma attorney can help locate that can help a victim prove their case and get the justice and compensation they deserve include;
- Affidavits attesting to the asbestos products the victim worked with and work sites where they were exposed to asbestos.
- Internal memos and documents proving the defendant(s) knew about the dangers of asbestos exposure and thus should be held liable.
What Must Be Proven in a Mesothelioma Case?
During a mesothelioma claim, the claimant and their attorney need to prove, using evidence, that the defendant, more likely than not, is responsible for the asbestos exposure that caused the illness. This standard of proof is called “preponderance of the evidence.” Generally, proving a mesothelioma case by a preponderance of the evidence entails proving the following elements:
- Duty of Care
- Breach of duty of care
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.