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  • Writer's pictureRobert Schuerger

How Do You Prove Mesothelioma? – What Victims Should Know About the Legal Process

Mesothelioma is a type of cancer that affects the cells covering most internal organs, including the lungs. Although treatment options are available, it's aggressive and deadly.


There's only one identified cause related to this disease: asbestos exposure. Many people were exposed to this dangerous material for decades, as asbestos product sellers and manufacturers failed to inform buyers of potential risks.


Therefore, those who have developed this type of cancer due to asbestos exposure caused by a company's negligence can seek help from an experienced attorney to file a mesothelioma claim.

However, victims who plan to take legal action against asbestos companies or other liable parties must prove the mesothelioma diagnosis. How can they do it? Here's all the information they should know.


What Is Mesothelioma Claim?

What Is Mesothelioma Claim?


Also known as an asbestos claim, it's a legal proceeding that allows people who developed asbestos-related diseases to hold other parties accountable for their negligence or carelessness if it caused exposure to this dangerous material. Schuerger Shunnarah Trial Attorneys can answer questions like, "What is the average mesothelioma settlement?"


In addition, filing a mesothelioma claim is often the first step victims must take to recover compensation.


Types of Mesothelioma Claims


These are the main types of asbestos claims:

  • Personal injury claims (filed by victims)

  • Wrongful death claims (filed by families)

  • Trust funds claim (filed by both parties)

Through a personal injury claim, victims can recover compensation for an asbestos-related illness if it resulted from someone else's negligence.


If the person dies after the mesothelioma diagnosis, their relatives can file a wrongful death claim to get remuneration for their loss.


Both parties may also file a trust fund claim to recover compensation for expenses related to this illness. This type of legal action has been created by companies that want to avoid further lawsuits.


How to File a Mesothelioma Claim


Every legal process is complex. Therefore, victims should seek help from a knowledgeable attorney with extensive experience in asbestos litigation.


A qualified mesothelioma attorney can help claimants gather all the documents they need to file a lawsuit, including enough evidence to prove that the asbestos-related disease resulted from someone else's negligence or recklessness.


In addition, a mesothelioma lawyer understands the laws and victims' rights, so they offer guidance through the entire legal process and provide information to answer all questions plaintiffs may have.


What Do Victims Need to File a Mesothelioma Claim?


Overall, this is what mesothelioma victims need to file a claim and prove the diagnosis:

  • Medical records to show their mesothelioma diagnosis

  • Proof of asbestos exposure

  • Work history records to show the relationship between victims and companies responsible for the asbestos exposure, if applicable

  • Witness testimony to prove that the cancer diagnosis resulted from asbestos exposure

  • Records that show the financial struggles the disease has caused

As mentioned, this process is complex and requires the highest level of professionalism. Therefore, victims or their families should contact mesothelioma lawyers. These experts can give them the advice they need to protect their rights.


In addition, experienced mesothelioma attorneys understand the asbestos litigation process, so they can help claimants define the best strategy to recover compensation or negotiate a fair settlement.


How to Prove Exposure to Asbestos


Although most cases involve asbestos inhalation, this material can also be swallowed. In addition, exposure to this dangerous material is cumulative.


Asbestos exposure could have occurred long ago, and symptoms can appear even decades later. However, victims can prove that they are suffering from mesothelioma or another asbestos-related disease to establish that they were exposed to this material.


A person who knows they have been exposed to asbestos should inform their doctor and undergo routine examinations to get a diagnosis. Documents proving hospital visits or doctor's reports may be needed to build the case.


The diagnosis is key. A person who doesn't suffer from an asbestos-related disease cannot file these types of claims.


Should Victims Determine When Asbestos Exposure Occurred?


While it's a key aspect, victims need more than just a mesothelioma diagnosis to recover compensation. Claimants must determine when, how, and where the asbestos exposure occurred.


This step is essential to identify the parties liable for their illness. In addition, knowing the key aspects of asbestos exposure can help victims prove the employer was negligent or failed to guarantee safe working conditions.


As mentioned, asbestos exposure may have occurred decades ago. However, that doesn't mean victims aren't able to take legal action and recover compensation.


Even if many years have passed since exposure to this material, an experienced mesothelioma lawyer should have access to databases on employers and job sites that have used asbestos.


Other Requirements


Besides collecting the documents mentioned above, victims should make sure they are eligible before filing a mesothelioma lawsuit. These requirements often vary based on several factors, including state laws and the claim type.


When working with mesothelioma law firms, patients or their families can learn what compensation options they are eligible for.


However, eligibility requirements often include the following:

  • Proof of asbestos-related diagnosis, including all documents mentioned above

  • Adherence to the statute of limitations

Understanding the Statute of Limitations on Mesothelioma Claims in Texas


The statute of limitations in mesothelioma claims defines the timeframe within which these lawsuits must be filed to be considered valid. It differs from state to state.


In Texas, the statute of limitations establishes that victims have two years to file a mesothelioma claim from the date of the diagnosis.


According to state laws, relatives of mesothelioma patients also have two years to file a mesothelioma lawsuit after the death of their loved one.


Final Thoughts: Should Victims Call a Mesothelioma Lawyer?

Final Thoughts: Should Victims Call a Mesothelioma Lawyer?


Whether they plan to file a claim to recover mesothelioma compensation or negotiate a settlement with asbestos companies, victims may need help from a seasoned lawyer. They can also help with questions like, "Does emotional distress count as personal injury?"


A qualified mesothelioma attorney with extensive experience in asbestos-related cases understands that this legal process is intricate but knows all the techniques to win the claim and recover the compensation victims and their families deserve.


From medical records to documents proving asbestos use by manufacturers and sellers, legal professionals can also assist in evidence collection and gather what victims need to support their claims.


In addition, experts can guide victims through the legal process, helping them defend their rights even if the asbestos exposure occurred decades ago.


Call Schuerger Shunnarah Attorneys Today!


Anyone planning to file a mesothelioma claim can count on Schuerger Shunnarah Attorneys. Call us today and get a free case evaluation! This law firm's team goes to war for victims!

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