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How Can a Mesothelioma Lawyer Prove Your Case?

Legally Reviewed by Joseph P. Williams on March 2, 2022

Mesothelioma is often involved in lawsuits because it is a disease that can be avoided by preventing exposure to asbestos. If someone negligently failed to protect you from asbestos exposure, that person or entity may be liable, or financially responsible, for your current illness and related losses. The right mesothelioma lawyer can help you gather evidence and build a strong claim to financial damages. 

What Are the Elements of Proof?

Filing a lawsuit against an individual, business or corporation for mesothelioma does not come with a guaranteed win. To recover financial compensation for your current and future losses, you or your attorney will need to meet the burden of proof. In civil law, the burden of proof is enough clear evidence to convince a judge or jury that the defendant is more likely than not responsible for the injury or illness in question. This is a lesser burden of proof than proof beyond a reasonable doubt in the criminal justice system. 

During a mesothelioma lawsuit, you or your lawyer will need to prove that the defendant more than likely caused or significantly contributed to your illness. Typically, this requires proof of four main elements:

  1. Duty of care. The defendant must have had a legal obligation to treat you with reasonable care. 
  2. Breach of duty. The defendant must have done something that a reasonable and prudent party would not have in similar circumstances. 
  3. Causation. The defendant’s careless or reckless act must be what caused your mesothelioma. 
  4. Damages. You must have suffered specific losses or damages, such as medical expenses, lost wages, lost quality of life and emotional distress.

An attorney can help you meet your burden of proof by gathering evidence to prove your case. Evidence may include your medical records, a note from your doctor, evidence from an investigation of your workplace, asbestos safety compliance records and testimony from a mesothelioma expert. Hiring a lawyer can make it much easier to preserve and collect the evidence that you will need to prove your case.

What Benefits Come From Hiring a Mesothelioma Lawyer?

There are many skills and resources that a mesothelioma lawyer has that can benefit your lawsuit and increase your chances of recovering fair financial compensation. For example, unless you have a legal background, you may not know the best way to navigate New York’s personal injury laws. An attorney, on the other hand, will have years of experience bringing successful personal injury lawsuits to trial.

Three of the many ways in which a mesothelioma lawyer can strengthen your claim are:

  1. Investigative capabilities. A law firm will have the ability to hire investigators and use state-of-the-art technology to determine things such as where you were exposed to asbestos or how much asbestos you were exposed to at a job site.
  2. Access to important records. A lawyer will have access to data, records and information regarding asbestos exposure in your city, including high-risk occupations and job sites, asbestos-containing products, and buildings and structures with known asbestos contamination. A lawyer will also have access to a proprietary asbestos database, which can contain existing evidence against liable employers and manufacturers for mesothelioma.
  3. The ability to hire qualified asbestos and mesothelioma experts. An attorney who specializes in asbestos and mesothelioma claims will have connections to relevant subject-matter experts. Having an expert on the subject testify on your behalf can significantly strengthen your claim and improve your ability to recover compensation.

For more information about how a mesothelioma lawyer in New York can help you with a lawsuit, contact The Williams Law Firm, P.C. for a free initial consultation. We have been specializing in mesothelioma and asbestos exposure cases for many years. Our law firm has what it takes to help you prove your case and recover the financial compensation that you deserve.


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