Mesothelioma is a type of cancer that affects the protective lining, or mesothelium, that covers many of the body’s internal organs. The disease is caused by long-term exposure to asbestos fibers and commonly manifests as lung cancer.
While mesothelioma is a relatively rare cancer, with about 3,000 new cases diagnosed each year in the U.S., those affected can experience great physical and emotional pain, have difficulty breathing, and have to endure multiple surgeries and treatments such as immunotherapy, radiotherapy or chemotherapy. The cost to these individuals, both financially and to their quality of life, is significant and can greatly add to the strain they are already under.
In some cases, legal action against the parties responsible for their exposure to asbestos may be possible, helping patients and their families receive compensation for the injuries and losses suffered. In this article, we will review the evidence individuals pursuing a mesothelioma claim should gather to ensure the greatest chance of success.
Medical Records
The claimant’s medical history can provide crucial evidence to support their claim and is essential in establishing a causal link between their diagnosis and their exposure to asbestos.
Medical records that point to the early symptoms of mesothelioma such as shortness of breath, unexplained weight loss or chest pains can help an individual connect their symptoms to specific asbestos exposure. This is especially important in these types of cases as the effects of long-term exposure to asbestos usually do not appear until ten to forty years after initial exposure. Individuals can also arrange certain medical tests to prove the existence of mesothelioma. These may include:
- Chest X-rays
- CT scans
- MRI scans
- Echocardiograms
- Pulmonary function tests (PFTs)
- Endoscopic biopsies
Working with an experienced mesothelioma law firm can help claimants order the correct necessary tests to support their claim. A statement from the claimant’s doctor which confirms the link between asbestos exposure and their diagnosis can also serve as compelling evidence from a trained medical professional, further bolstering their claim.
Employment Records
Most cases of mesothelioma stem from long-term asbestos exposure in the workplace, resulting in an 8% to 13% risk of contracting the disease. The claimant’s proof of their employment history is an important form of evidence that can support their claim. Workers in certain industries are more likely to develop the disease due to their long-term exposure to asbestos. These include the following:
- Shipyards and shipbuilding
- Asbestos mining and processing
- Construction
- Building demolition
- Military manufacturing
- Automotive manufacturing
- Textile mills
Documents such as pay stubs or employment contracts can support a claimant in proving their employment. In many cases, claimants were exposed to asbestos during military service. Here, military records that reveal when they served, and the type of work they did can greatly strengthen their case.
Occupational Exposure Reports
Occupational exposure reports assess the exposure of workers to various occupational hazards. These can help document the presence of asbestos at specific sites where the claimant worked. These may be obtained from government agencies responsible for occupational safety and health, such as the Occupational Safety and Health Administration (OSHA), who often maintain records related to workplace hazards.
The more evidence a claimant has to corroborate their exposure to asbestos, the stronger their case will be.
