5 Tips for a Successful Asbestos Exposure Lawsuit

Asbestos exposure can lead to debilitating – and sometimes fatal – illnesses. Whether you’re suffering from an asbestos-related condition, or you’ve lost a family member due to asbestos exposure, an asbestos exposure lawsuit can help you get the compensation you deserve. Here’s how asbestos lawsuits work and some tips for making the most of your case.

What Is an Asbestos Exposure Lawsuit?

Asbestos lawsuits allow victims to sue the parties responsible for their asbestos injuries. There are, broadly, two types of asbestos lawsuits:

Personal injury claims: If you’re injured due to negligent asbestos exposure, you can sue the at-fault party for damages such as lost income and medical expenses.
Wrongful death claims: If someone dies through negligent asbestos exposure, certain family members, such as spouses, can sue for damages including funeral bills and lose earning potential.

Depending on the circumstances, there are other types of claims you might file, such as class actions, product liability claims, and veteran claims.

How to Prove an Asbestos Exposure Lawsuit

Making a successful asbestos lawsuit means doing more than just proving exposure. In fact, there are four elements you must prove before a claim will succeed – here’s a breakdown.

First, you must prove that you were, in fact, exposed to asbestos. Typically, this means you inhaled small or large quantities of asbestos, but it could also mean you ingested a product containing asbestos fibers.
Next, you must show where the asbestos exposure took place. As an example, if you were exposed at work, you must prove who you worked for and when.
Then, you must prove that the other party negligently exposed you to asbestos. This usually means that they knew about the dangers of asbestos exposure and didn’t take reasonable steps to protect you from potential harm.
Finally, you must show that you have an asbestos-related illness or injury caused by this exposure. Normally, this involves showing medical evidence such as a doctor’s diagnosis, scan results, blood test results, and so on.

If you’re suing on behalf of a loved one who died from an asbestos-related illness such as mesothelioma, the process is similar. These cases are, however, more complex, and you should always contact asbestos attorneys for more help.

White asbestos dust and fibers on black table with clear goggles and white N95 mask

How to Make a Successful Asbestos Exposure Lawsuit

Now we’re clear on what goes into making a successful asbestos claim, here are five tips for building the strongest possible case.

1. Know Your Time Limits

You only have a certain amount of time to make an asbestos exposure claim, so the first step in making a successful lawsuit is knowing which time limit applies.

For personal injury claims, you only have two years from the date of diagnosis of an asbestos-related illness to file a lawsuit against the at-fault party.
If it’s a wrongful death claim, you have two years from the date of death to make a claim.

Different time limits may apply depending on, for example, whether you develop a further asbestos-related illness such as mesothelioma, if you develop more severe symptoms, or you’re suing a government body. To ensure you don’t miss your time limit, though, always contact a lawyer as soon as possible.

2. Prove Your Asbestos Exposure

One of the most crucial steps in making your claim is proving how you were negligently exposed to asbestos. Evidence you might be able to rely on includes:

employment records confirming your job role
pay slips proving where you worked, and when
internal documents proving your employers knew about the dangers of asbestos and failed to protect you

For example, if you worked on a ship or an oil rig, it’s helpful to know which particular ship you worked on and where (e.g., was it outside or inside with little ventilation). This helps to determine whether the employer should have provided safer working conditions based on the knowledge of asbestos dangers at the time of your employment. The more specific the information, the better, but don’t be concerned if your recollections are hazy.

Don’t have all (or any) of this information to hand? Again, don’t worry. Contact asbestos lawyers – they often have the means to locate the documents you need.

3. Gather Medical Evidence

The more medical evidence you have proving the extent of the injuries, the easier it is to prove your case. Whether it’s trips to the doctor, x-rays, or prescription costs, you (or your attorney) can request a copy of these records from the relevant healthcare provider.

It’s also helpful if you have a physician’s statement or report confirming the connection between asbestos exposure and you – or the deceased’s – injuries.

4. Contact Witnesses for Statements

Witness testimonies can strengthen your case by helping to prove your recollection of events. They can also help to:

prove an employer’s breach of duties e.g. if they didn’t provide you with the right PPE for your job role; and
identify which specific asbestos-containing products you worked with.

In wrongful death claims, they may be vital in giving us key insights into negligent working practices that the deceased victim can’t provide for themselves.

Start by reaching out to any colleagues you remain in contact with, or friends of the deceased. An attorney can also help you track down witnesses you may otherwise have a hard time finding.

5. Hire an Experienced Asbestos Exposure Attorney

Asbestos lawsuits can be complicated, particularly if there are multiple parties involved or if you’re pursuing a wrongful death claim on a loved one’s behalf. That’s where asbestos lawyers come in.

Asbestos attorneys understand what it takes to build a successful case. They know how to track down relevant witnesses and identify the source(s) of asbestos exposure, and they can determine what medical evidence you need to prove your injuries. They also have the knowledge required to determine which type of claim to make, which is critical in filing a successful lawsuit.

To give your claim the best chance of success, hire asbestos exposure attorneys to work on your case.

Asbestos Lawyers in Houston, Texas

If you’ve been injured through asbestos exposure, or you’ve lost a loved one to an asbestos-related disease, the Alexander Law Firm can help. As experienced asbestos lawyers, we will thoroughly evaluate the evidence and leave no stone unturned when it comes to building your case.

The Alexander Law Firm will give your asbestos exposure lawsuit the time and dedication it deserves. We don’t charge anything unless we win your case – to arrange a free consultation to discuss matters, contact us today.