Although the toxicity of asbestos is undeniable, you still need to meet your burden of proof to win a mesothelioma lawsuit. These cases are product liability claims, which require their own evidence to prove that someone should be held liable for your illness. Accordingly, you would need various forms of proof with your claim to build a strong case. Here are some witnesses that may be helpful to your mesothelioma lawsuit:
In many cases, exposure to asbestos happened at work decades ago. In addition to your employment records, you also need testimony about your work history to place you at the scene of where there was asbestos. Former co-workers can testify about their own experience and knowledge of the presence of asbestos. Some may have developed their own symptoms and illnesses. Admittedly, it may be difficult to secure testimony from former coworkers for a job that you may have had decades ago. A mesothelioma lawyer can help track down witnesses who may be helpful in your case.
In a mesothelioma claim, the case is necessarily about the physical injury that you have suffered. Your prognosis and the amount of discomfort that you have been forced to endure can go a long way toward determining the amount of compensation that you receive. Further, you also need an opinion from a treating doctor about the effects that mesothelioma has on your body. In any personal injury case that requires evidence about your injuries, you need the testimony of a treating doctor to help establish your condition.
Since mesothelioma lawsuits are often filed as product liability cases, it is vital that you have the testimony of expert witnesses to back up your case. For example, you may have been exposed to asbestos as part of a product that you used for a prolonged amount of time over the years. One example is talc powder, which contains asbestos particles that have caused numerous cases of mesothelioma. Expert witnesses can help establish that the product was tainted with asbestos.
Mesothelioma is a slowly developing illness, as asbestos particles remain in your body for decades after exposure. When you are trying to demonstrate where and when you were exposed and how you may have been sickened, expert witness testimony is crucial to establishing a timeline.
Mesothelioma lawsuits are often filed as wrongful death claims. Here, the family is entitled to compensation for the loss of their loved one. Wrongful death damages are inherently subjective in nature. Each family may suffer differently from the loss of a loved one. Thus, family members would need to testify about how they were impacted by their loved one’s death. In addition, since the success of your claim may come down to proving where you were exposed, a family member’s testimony can be important to demonstrate the time frame of where you worked and when and what you may have been exposed to over the years.
In general, you may need other eyewitnesses who can both place you at the scene where there was asbestos and testify about your damages. Your mesothelioma attorney will review your case and help determine anyone who may be helpful in proving it.
Remember that your ability to testify independently may be impacted by declining health. At a certain point, you may not be able to fully testify. Your mesothelioma attorney can help by getting your recollections on the record while your health still permits it.
If you or a loved one has been sickened by exposure to asbestos, a Philadelphia mesothelioma lawyer at Brookman, Rosenberg, Brown & Sandler can help you file a claim for compensation. Due to the statute of limitations, you have a limited amount of time to take legal action. You can schedule a free consultation with one of our attorneys by submitting our online form or calling us at 215-569-4000. Our office in Philadelphia proudly serves clients in Delaware County, Chester County, Philadelphia County, Pennsylvania, and New Jersey.