Without proof, victims of asbestos exposure may find themselves shut out of the very systems meant to compensate them. Documentation is required even in cases of mesothelioma, a severe form of cancer caused only by exposure to asbestos.

Asbestos attorneys have access to professional databases — including approved job sites, product lists, employment records, and census data — and years of experience that can make filing a claim faster, less stressful, and more likely to succeed.

Proving Asbestos Exposure 

Most asbestos trust fund or legal claims require two broad categories of proof:

1. Medical
2. Exposure

Both of these categories require multiple types of documentation. An experienced asbestos attorney can help eligible clients gather the evidence needed for a successful claim. 

Medical Requirements

Claimants must be diagnosed with an asbestos-related illness by a doctor or a pathologist to file a legal claim against an asbestos company.

Once a diagnosis has been made, claimants must provide additional proof to support the diagnosis and link it to their history of asbestos exposure.

The exact documentation requirements vary depending on the diagnosis and the requirements of the entity you are filing against.

Common requirements include:

• Testing and imaging, such as:
  • X-ray
  • CAT scan
  • Pleural testing/pulmonary function testing
  • Pathology report
• Testimonials from doctors showing a casual link between asbestos exposure and the diagnosis
• a 10-year latency

Proof of Asbestos Exposure 

Victims of asbestos exposure must show when and where the exposure occurred. The date and duration of the exposure and the specific products encountered can all significantly affect the total value of a claim.

Some standard documents used to prove exposure are:

• Affidavits/witness statements
• Employment records
• Invoices
• Construction records
• Military service records
• Pay stubs
• Sales records

How Asbestos Attorneys Can Help You Prove Exposure

Experienced asbestos attorneys have access to resources that are often unavailable or difficult for the general public to obtain, including:

• Job site lists
• Asbestos product folders and identification tools
• Access to employment records
• Access to military service records

These tools can make finding documentation faster and easier. A seasoned asbestos attorney knows where to look and what questions to ask to help clients create a successful claims package to maximize their potential compensation.

Research & Learning

After you hire an attorney, the law firm will begin preparing your case. The first step is an in-depth interview with a specialized investigator.

This interview may occur in your home or the law firm’s office. Given the poor state of health of many asbestos-exposure victims, the investigator will often come to you.

These investigators have years of experience conducting these interviews. They know precisely which questions to ask and how to take in client responses to ensure that every bit of vital information is collected.

This process can be tiring, but it’s important to cooperate fully. The more detailed the information you can provide, the stronger your case may be.

Review of Asbestos-Containing Products

One of the most critical aspects of this interview is to discover which asbestos products you may have had contact with. The investigator will use various tools and large product folders to help you identify the products you encountered.

Connecting your exposure to specific products can help your legal team identify additional manufacturers that may be liable and strengthen your case for compensation.

Review Job Site History

Another critical component is to show where your exposure took place. The investigator will have you walk them through as many individual job sites as you can recall.

They will then compare your work history to lists of sites where asbestos exposure is known to have occurred.

Witness Statements 

Once the investigator has finished the interview process, they will seek witnesses to corroborate your claims. These are generally former coworkers or clients whose testimony can help confirm that your statements are true.

Witness statements can be a powerful tool placing you at the site of exposure, especially when supported by other documentary evidence like sales records and pay stubs.

Proving Secondary Asbestos Exposure

Many people with asbestos-related diseases are victims of secondary asbestos exposure, meaning they did not work directly with asbestos or asbestos-containing products.

Asbestos fibers cling to hair, skin, and clothing, and many workers unknowingly brought these dangerous particles home.

Secondary exposure primarily affects those who lived with asbestos workers or near locations where asbestos was mined or used in manufacturing.

For instance, the family of an insulator who worked with asbestos insulation would be at high risk, especially if they regularly handled contaminated work clothes.

Similarly, a grocery store owner living near a major asbestos mining site, such as the one in Libby, Montana, would be at risk for secondary exposure. Even without direct contact at work, residing close to asbestos mining or manufacturing operations exposes people to airborne asbestos fibers.

Proving secondary asbestos exposure can be tricky, especially if the individual with the primary exposure has died.

Your lawyer will need documentation to tie you to a person or place with a more direct connection to the asbestos industry. This documentation may include proof of residence, marriage certificates, a spouse’s or parent’s work records, and more.

Proving Asbestos Exposure for Financial Compensation

Claimants must be able to provide proof of their illness and show a direct causal link to the asbestos industry to receive compensation.

Mapping this connection requires significant and specific documentation, but if claimants can provide proof, they may be eligible for multiple types of compensation, including:

• Asbestos Trust Funds: Bankrupt asbestos companies establish trust funds to compensate current and future claimants harmed by their negligence.
• Lawsuits: Plaintiffs can file lawsuits against active, non-bankrupt asbestos companies. Asbestos lawsuits may be settled out of court or go to trial.
• VA Benefits: Veterans with asbestos-related illnesses can access financial support and free or low-cost medical care from the U.S. Department of Veterans Affairs (VA). Family members may also be eligible for additional forms of support. 
• Workers’ Compensation/Disability: If an asbestos-related illness has left you or a loved one unable to work, you may be eligible for financial support and Medicare through government assistance.

An experienced asbestos attorney can help eligible claimants explore compensation options, build a strong case through research and discovery, and maximize their potential payout.

A skilled lawyer simplifies the claims process, even in cases of secondary exposure or wrongful death, where the affected individual has passed away.

If you or a loved one have been impacted by asbestos exposure and you’re ready to start exploring your potential compensation options, connect with our team today.