{"id":13656,"date":"2023-05-12T17:05:11","date_gmt":"2023-05-12T23:05:11","guid":{"rendered":"https:\/\/www.asbestosclaims.law\/?post_type=blog&p=13656"},"modified":"2023-11-20T16:41:55","modified_gmt":"2023-11-20T22:41:55","slug":"the-burden-of-proof-in-asbestos-cases-what-you-need-to-know","status":"publish","type":"blog","link":"https:\/\/www.asbestosclaims.law\/es\/asbestos-blog\/la-carga-de-la-prueba-en-casos-de-asbesto-lo-que-necesita-saber\/","title":{"rendered":"The Burden of Proof in Asbestos Cases: What You Need to Know"},"content":{"rendered":"\n

The minimum burden of proof in an asbestos exposure case is only a preponderance of the evidence<\/a>, or more likely than not. That\u2019s one of the lowest burdens of proof in American law. Note that we said this standard is the \u201cminimum\u201d burden of proof. Usually in life, minimum effort produces minimum results. So, a preponderance of the evidence is sufficient, if the victim is willing to settle for less.<\/p>\n\n\n\n

Additionally, evidence is very hard to collect in asbestos exposure cases. The latency period for asbestosis, mesothelioma, and other asbestos exposure illnesses is usually more than fifty years. Over such a long time period, companies go out of business and records become unavailable. Or, to put it more precisely, those records are harder to find.<\/p>\n\n\n\n

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If you may have been exposed to asbestos, speak with your healthcare provider about tests and screening to help detect the presence of asbestos fibers and <\/strong>asbestos-related diseases<\/strong><\/a>.<\/strong><\/strong><\/p>\n<\/div>\n<\/div>\n\n\n\n
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WARD, the worldwide asbestos research database<\/a>, makes evidence collection much easier in these situations. This database, which only a select few Austin asbestos attorneys can access, quickly sorts through millions of documents from all over the world, just to find the one \u201csmoking gun\u201d in a specific case that makes the difference between maximum compensation and minimal compensation.<\/p>\n\n\n\n
Additionally, there\u2019s usually a connection between the amount of evidence an Austin mesothelioma lawyer<\/a> presents and the amount of compensation jurors award. This dynamic doesn\u2019t apply in all cases, meaning that the availability of evidence often affects the legal plan in the case. More on that below.<\/p>\n\n\n\n
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“The overall evidence suggests there is no safe level of asbestos exposure.\u201d<\/h3>\n                            
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Evidence in Primary Exposure Asbestos Claims<\/h2>\n<\/div>\n\n\n\n
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Most asbestos exposure claims are primary (service or work-related) claims. Obtaining fifty-year-old service records is difficult, but usually not impossible. Obtaining fifty-year-old employment records is a different story. For example, if the victim worked in an asbestos hotspot like Shreveport<\/a> in the 1970s, the victim\u2019s employer has probably changed ownership several times or even gone out of business altogether.<\/p>\n\n\n\n
How to find old evidence of asbestos exposure with W.A.R.D., the largest database of asbestos info on the planet.<\/h3>\n\n\n\n
That\u2019s where a WARD-like database comes into play. An attorney can quickly locate employment records<\/a> that might take weeks or months to find otherwise. <\/p>\n\n\n\n
Accurate medical records are hard to acquire as well in primary asbestos exposure cases. Mostly because of the long latency period, asbestos exposure illnesses are difficult to diagnose. If a victim complains of trouble breathing or general pain, lung disease and mesothelioma aren\u2019t on a doctor\u2019s radar. No employment or service records contain red flags.<\/p>\n\n\n\n
An Austin mesothelioma lawyer helps in these situations as well. Most states allow workers\u2019 compensation claimants to choose their own doctors, at least for a second opinion. All VA disability claimants have the right to an IME (independent medical examination). Attorneys connect victims with medical toxicologists and other such professionals who have special expertise in this area.<\/p>\n\n\n\n