Essential Evidence to Support a Mesothelioma Claim

Mesothelioma is a rare form of cancer that affects the thin, protective layer of tissue that covers many organs of the body. The most common type of cancer of this kind is known as pleural mesothelioma as it forms in the lung tissue. Between 1999 and 2020, there were 54,905 deaths from mesothelioma in the U.S.

The primary cause of mesothelioma is exposure to asbestos. When these microscopic fibers are inhaled or swallowed they can get trapped in the mesothelioma. Over time, this can lead to cellular changes and mutations which can result in cancer. 

Due to its long latency period, many individuals who were exposed to asbestos as a result of their work duties came to develop this form of cancer decades later.  The law recognizes the need for employers to compensate individuals for exposing them to this hazardous material and for their failure to provide them with adequate protection. 

Individuals are entitled to bring legal action against their employer or former employer. If successful, the parties held liable are ordered to compensate claimants for matters like lost wages, medical expenses, pain and suffering, and loss of earning potential. 

When pursuing a mesothelioma claim it is necessary to gather supporting evidence to build a strong case and increase the chances of a successful outcome. In this article, we will review key types of evidence claimants should gather when pursuing a mesothelioma claim.

Medical History 

The latency period for mesothelioma can be anywhere from 20 to 60 years following exposure. This can cause complications when gathering evidence to support a claim. Memories may have faded and employers may have changed ownership or gone out of business. This is why strong medical evidence which supports the development of the disease over the years is crucial.

Once diagnosed, claimants typically have between one and three years to file a claim according to the statute of limitations. During this window, medical evidence that directly links their condition to the defendant’s negligence should be gathered.

This includes historical medical records that indicate the early stages of mesothelioma. For example, complaints of chest pain, shortness of breath, fatigue or unintended weight loss. It also includes medical examinations and diagnoses which could point to the early existence of the disease. Medical test results that could suggest possible asbestos exposure include:

• Chest X-rays
• Endoscopic biopsies
• CT scans
• Blood tests for biomarkers
• Pulmonary function tests 

Expert testimony from medical professionals such as pulmonologists and oncologists can also be highly compelling in drawing a link between the claimant’s mesothelioma diagnosis and their asbestos exposure.

Medical Expenses

In addition to historical medical evidence to support their case, claimants should also gather sufficient evidence to ensure they are adequately compensated for their past, ongoing and future medical needs. 

As stated by Mesothelioma Hope, the most common treatments for mesothelioma are surgery, chemotherapy, and radiation. These treatments can be costly and can place significant financial strain on claimants and their families. In addition to the financial costs involved in undertaking these treatments, patients may also have to endure considerable pain and suffering, and emotional distress for which they should also be compensated.

Due to its aggressive nature, the average life expectancy following a mesothelioma diagnosis is 12 to 21 months resulting in many individuals needing palliative care to manage their symptoms. By gathering evidence that demonstrates the financial burden incurred and that will further be involved in relation to ongoing medical treatment or palliative care, claimants can secure the compensation they deserve.

History of Exposure

In order to succeed in their claim, individuals need to establish a direct link between their mesothelioma diagnosis and their exposure to asbestos, demonstrating that this exposure resulted from the defendant’s negligence. This is known as the principle of causation and is essential for establishing that the other party was responsible for the harm suffered.

In a mesothelioma case, the defendant may be a former employer, a manufacturer of asbestos products, a property owner or other party that negligently exposed the claimant to asbestos. This may include matters such as the following:

• Employment records: Workers in industries such as manufacturing, construction, shipbuilding and mining are at higher risk of asbestos exposure and the subsequent development of mesothelioma. Evidence like employment contracts, job descriptions and pay stubs can help support a claimant’s case.
• Environmental Exposure Records: These reports can confirm the presence of asbestos in various areas such as job sites or places where the claimant may have lived.
• Product information: An individual may be pursuing a claim due to exposure from asbestos-containing products. This could include products like building materials, insulation, and children’s toys as well as household appliances like stoves, slow cookers and hair dryers. Evidence of asbestos contained within these products such as product manuals and labels should be gathered.

Supporting evidence is essential for building a strong case for compensation in mesothelioma cases. By following the guidance outlined claimants can increase the odds of receiving the justice they deserve for their financial burdens and personal hardships.

The post Essential Evidence to Support a Mesothelioma Claim appeared first on Resources on Disability Assistance: Your Rights and Benefits.

source https://www.disabilityhelp.org/essential-evidence-to-support-a-mesothelioma-claim/