The ability to “prove” asbestos in court is both easier and more difficult than it sounds. Asbestos cases in general can be complex. To help you navigate through the entire process and obtain the required evidence needed to win a case, asbestos lawyers can be a great asset. But before we get ahead of ourselves, here’s what you need to know about proving asbestos exposure in court.

If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.

Asbestos Lawsuits and “Proof”

It’s important to begin by saying that proving asbestos exposure in court is not actually the “burden of proof” in a strict sense. This is because in injury and civil court cases, the requirement is not prooving asbestos exposure, but to establish the defendant’s liability by establishing a preponderance of the evidence. In other worse, plaintiffs must provide evidence that it is more likely than not that mesothelioma or some other asbestos-related disease was caused by the exposure to asbestos in a way that holds the defendant liable.

Over $30 Billion is still available
_{(without a lawsuit).}

Stake your claim.

Expert and Lay Witnesses

However, in asbestos cases, plaintiffs must be able to establish proof as well as persuasion in order to win the case. Because of this, asbestos lawyers build this evidence by expert witnesses, lay witnesses, and documentary evidence. These would include examples such as a doctor qualifying as an expert witness to link an illness to asbestos exposure, coworkers and family members qualifying as lay witnesses to testify about a job assignment related to asbestos exposure, and the company failing in their duty to warn.

“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”

Source: National Cancer Institute (NIH)¹

Documentary Evidence

For documentary evidence, this takes place during the discovery process is the important phase of information exchange or fact-finding. This process includes documentation, medical proof, work records, and other relevant information to help both parties involved in the lawsuit gather information to make their case or defense.

“The overall evidence suggests there is no safe level of asbestos exposure.”

Source: National Cancer Institute (NIH)²

What is the Time-frame?

The short answer when it comes to assessing the time frame involved with asbestos lawsuits from beginning to end is, it depends. There are many factors that go into this, with ranges from only a few months to several years.

During the early era of asbestos lawsuits, trials were a gamble at best. Without public knowledge and available documentation to show just how dangerous asbestos exposure is, plaintiffs would regularly lose lawsuits.

While evidence and test cases abound for us today, lawsuits are still complex. An experienced asbestos claims attorney can guide you through.

Part of the reason for this has to do with the complexity of each case, as well as the unpredictable nature of each specific court. One of the elements that can cut down on the overall time frame is the possibility of receiving a settlement offer that you decide to agree to before the case makes it all the way to court.

Assuming that you decide to pursue the full amount of compensation possible, most pre-trial settlement offers will be less than what you might otherwise receive by pushing through the entire trial process, but it carries the benefit of time. If you are suffering from a debilitating asbestos disease and are in need of compensation, time is always of the essence.

People who worked in these industries prior the mid-1980s have a higher risk of developing asbestos-related diseases:

Construction	Factories	Foundries	Refineries	Shipyards	Mining / Milling
Demolition	Insulation	Steelworkers	Pipe Fitting	Shipbuilding	Mechanics
Roofing	Textiles	Iron workers	Boilers	Firefighting	Brake Repair
Flooring	Cement	Electricians	Gasket Repair	Railroad	HVAC

Unfortunately so do their families.

What About Secondary Exposure?

One point that should be mentioned has to do with secondary exposure. Knowing that asbestos lawsuits are complex might deter those from pursuing a lawsuit altogether, especially if they think there are disqualifying circumstances tied to their claim. Some examples of this include secondary exposure.

Suppose a man worked in a facility that exposed him to asbestos. Unknowingly, he transported microscopic asbestos fibers on his clothing and tools into his home, exposing his wife and children. Later on down the road, his wife and children develop mesothelioma.

This is an example of secondary exposure since they did not work directly with asbestos. Would this disqualify them from filing a lawsuit? The answer is, no. Even in the case of secondary exposure, a lawsuit can still be filed. The sticking point is not how asbestos exposure took place, but whether it took place and if it can be linked to the company being sued, regardless if the exposure was second-hand.

Even lifelong smokers can collect compensation for asbestos damage.

Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers.

This isn’t true under the laws of many states.

Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos.

Another common misconception has to do with whether smoking can disqualify someone from an asbestos claim. The answer is again, no. Even if someone is a lifelong smoker, this would not disqualify them from filing a lawsuit and receiving compensation.

Do You Qualify For Compensation?

Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.

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Asbestos Trust

With these things in mind, you should not feel like lawsuits are a waste of time or a hopeless cause, but you do need to understand the complexities that are involved. The good news is, there is another option that can avoid many of the complexities of filing a lawsuit and going to court. This option is known as an asbestos trust claim. Asbestos trusts were created as a result of companies filing for Chapter 11 bankruptcy and avoiding the high cost of trials. They were ordered to form bankruptcy trusts which collectively have over 30 billion dollars set aside to provide compensation for victims injured due to asbestos exposure.

Easier and Faster than Court

Because these funds are already set aside as an alternative to trials, those who file an asbestos trust claim can often avoid going to court entirely, receive compensation faster, and avoid many of the complexities of trials, such as expert witnesses.

No Risk Involved, Only Peace of Mind

However, trusts still have requirements that need to be met in order to qualify. Because of this, and the fact that many asbestos-related companies have gone out of business, it is helpful to have an Asbestos Claims Attorney to help ensure that you get the compensation you need by using a powerful worldwide asbestos research database (W.A.R.D) to look up worksite-specific information about asbestos exposure. These attorneys only get paid if you do, so there’s no risk involved.

Over $30 Billion is still available
_{(without a lawsuit).}

Stake your claim.

If you have developed an asbestos-related injury due to exposure and you are seeking compensation, reach out to the professionals at Asbestos Claims to help determine what option is the best one for you to pursue.

AsbestosClaims.Law

For Justinian C. Lane, getting compensation for asbestos victims is personal.

Justinian’s grandparents and his father all worked with asbestos in their younger years and died from asbestos-related cancers in their later years.

At the time of each of their deaths, no one in Justinian’s family knew that they were eligible to file an asbestos lawsuit and to seek compensation from the asbestos trusts.

Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones.

If you believe that you or your family member’s injury was related to asbestos exposure, you could be entitled to significant compensation.

This is money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being.

There are also asbestos trusts that offer compensation much more quickly and easily (without filing a lawsuit.)

If you’d like help with filing a claim, please get in touch by email at [email protected], or call or text us at (833) 4-ASBESTOS (427-2378) or (206) 455-9190. We’ll listen to your story and explain your options. And we never charge for anything unless you receive money in your pocket.

In addition to legal claims, veterans disability, social security and employment protection like workers compensation, FELA and The Jones Act for maritime workers, there are asbestos trusts that have been set up to compensate those harmed by asbestos without having to file a lawsuit.

There is no risk or cost to speak with one of our staff about your asbestos litigation. There are no fees unless you receive money.

If you have any additional questions or concerns related to asbestos, check out our website and YouTube page for videos, infographics and answers to your questions about asbestos, including health and safety, asbestos testing, removing asbestos from your home and building, and legal information about compensation for asbestos injuries.

Introducing the largest database of asbestos information on the planet.

W.A.R.D., which stands for the Worldwide Asbestos Research Database, helps clients to narrow down when and where they may have been exposed, as well as which products may still contain asbestos. W.A.R.D. will also help indicate compensation types and how much a person may be entitled to.

1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.