How Do You Prove Asbestos Exposure?
If you’ve been diagnosed with mesothelioma, you may be entitled to financial compensation. The first step is to prove exactly how and where you were exposed to asbestos. A qualified mesothelioma lawyer can help you with this, even if you’re not sure of the specifics yourself. Any compensation you receive can help cover mesothelioma treatments, lost wages, and other expenses.
For decades, many companies knew their products were dangerous but kept using them anyway. These businesses can be held legally responsible for the harm they caused. Because most people were exposed through multiple products, a single claim often involves several different companies.
Some of these companies can still be sued directly, while others have gone bankrupt and set up trust funds to pay victims. There’s still over $30 billion available in these trusts, which means you can still get compensation even if the original companies aren’t in business anymore.
Get a Free Case Review to learn how our legal partners can help trace your asbestos exposure and file mesothelioma claims on your behalf.
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Types of Proof in Asbestos Exposure Claims
When filing a mesothelioma lawsuit or asbestos trust fund claim, there needs to be clear proof linking your illness to asbestos. That’s where your attorney steps in. Mesothelioma lawyers use several different forms of proof when filing your claim, which improves your chances of receiving compensation.
Doctor’s Statement
One of the most important pieces of evidence is a statement from your doctor. In this document, the doctor confirms that your history of asbestos exposure is the direct cause of your mesothelioma diagnosis.
Having clear medical proof allows your attorney to pursue every available option, including lawsuits and asbestos trust fund claims.
Medical Records and Test Results
Beyond a doctor’s statement, your attorney will rely on medical records and diagnostic test results to strengthen your case. These records help illustrate both the diagnosis and its connection to asbestos exposure.
Common forms of medical proof include:
- Imaging tests such as X-rays and CT scans to show masses in the lungs or abdomen.
- Blood tests which can detect proteins associated with mesothelioma in your body.
- Biopsy results, which involve testing a fluid or tissue sample for mesothelioma cells. While other tests can strongly suggest mesothelioma, a biopsy is the only way to confirm the diagnosis.
Together, these medical records create a clear and compelling picture of your condition and the role asbestos exposure played in causing it.
Work History and Employment Records
Your lawyer can use different types of work and employment records to show when and where you may have been exposed to asbestos.
Depending on your background, this evidence might include:
- Job applications, which typically list your job duties, the tools you used, and the work sites you visited. These details can help show how you were exposed to asbestos-containing materials on the job.
- Job site records, which show the exact places you worked. For example, shipyard workers were often exposed to asbestos insulation in engine rooms.
- Pay stubs, which confirm your job titles and dates of work.
- Other records, like Social Security earnings statements or union logs, which prove long-term or repeated work history.
Those who worked in blue-collar occupations before the early 1980s ran the highest risks, especially in industries like shipbuilding and construction. Through our partnership with Simmons Hanly Conroy, a top mesothelioma law firm with many years of experience, we can help patients figure out the source of their asbestos exposure, even if it happened decades ago.
“We have an extensive database of documents that we’ve collected over 25 years that helps us prove what products were at the sites where our clients were exposed.”
Military Service Records for Veterans
For veterans with mesothelioma, military records can be just as important as civilian work history. Asbestos was widely used throughout the military, especially in Navy ships, Army vehicles, Air Force bases, and Marine Corps facilities. Many veterans exposed during active duty end up developing mesothelioma decades later.
Attorneys may use military documents such as:
- Military occupational specialty (MOS) codes, which reveal the type of work you performed. Jobs such as shipyard work, boiler maintenance, and aircraft repair put service members at a high risk of exposure.
- Service records, which confirm the dates and locations of your military assignments.
- Official duty rosters and station records, which can show whether you served on Navy ships, bases, or facilities known to contain asbestos.
- VA records, which can provide additional documentation of both service history and asbestos-related medical conditions like mesothelioma.
These records not only establish where and when exposure likely happened but can also connect your illness to your service. This can be key in both mesothelioma lawsuits and VA benefits claims.
Witness Statements
In addition to records and medical reports, your attorney can collect witness statements that provide valuable context and support when outlining when, where, and how you may have been exposed to asbestos.
These statements may come from several different sources, including:
- Coworkers, who can confirm the use of asbestos materials at job sites and describe working conditions or safety practices.
- Family members, who can share how your mesothelioma symptoms developed over time, such as persistent coughing, shortness of breath, or fatigue.
- Medical experts, who can reinforce the link between asbestos exposure and mesothelioma.
These personal accounts help to show not only the facts of your exposure but also how it has affected your health and daily life.
How to Prove Secondary Asbestos Exposure
Not everyone who develops mesothelioma worked directly with asbestos. Many people were exposed indirectly, through secondary asbestos exposure. This occurred when workers brought fibers home on clothing, hair, or skin, unknowingly putting family members in danger.
“My father would come home from work, and I’d run up and hug him. He was covered in dust from a work site. We didn’t know that it included asbestos dust. When my mother washed his clothes in the laundry room that doubled as my playroom and shook out the dust, she had no idea she was spreading asbestos fibers throughout our house.”
To prove secondhand exposure happened, your mesothelioma lawyers will ask if any family members or loved ones worked in high-risk occupations that relied on asbestos, such as shipbuilding, construction, or military service.
They can then investigate to determine which asbestos-containing materials may be responsible for your exposure and file claims against the companies that made and sold them.
If you believe your mesothelioma came from secondhand exposure, request a Free Case Review today. Simmons Hanly Conroy can help uncover the source of your exposure and fight for the compensation you and your family deserve.
Role of Asbestos Lawyers in Proving Asbestos Exposure
If you want to legally prove you developed mesothelioma from asbestos exposure to get compensation, you’ll need an attorney. It’s going to be almost impossible without one, since filing a lawsuit is difficult if you don’t have a legal background. Asbestos lawyers have the resources, specialized knowledge, and experience to maximize your chances of obtaining compensation.
Specifically, mesothelioma attorneys can:
- Gather and preserve evidence so you can focus on healing and spending time with family members.
- Navigate the legal process on your behalf and meet deadlines like your state’s statute of limitations for filing asbestos lawsuits.
- Negotiate with asbestos companies and their representatives for maximum compensation.
- Fight for your rights at trial if a fair mesothelioma settlement cannot be reached.
The mesothelioma attorneys at Simmons Hanly Conroy handle all the work related to proving asbestos exposure, filing a mesothelioma lawsuit, and securing legal compensation on your behalf. This means there is no extra stress or hassle to work with them.
Get Help Proving Your Asbestos Exposure
If you or a loved one developed mesothelioma, our team can connect you with the attorneys at Simmons Hanly Conroy, one of the country’s top asbestos law firms for the last 25 years.
Simmons Hanly Conroy has:
- Recovered $10.1 billion in compensation for mesothelioma victims
- Represented thousands of clients in all 50 states
- Secured compensation in 90 days or less for some families
Their lawyers work on a contingency fee basis, meaning you pay nothing up front and nothing at all unless they win your case.
Call us today at (866) 608-8933 or get a free case review to learn how Simmons Hanly Conroy can help you and your family.
Proving Asbestos Exposure FAQs
How do I prove that I was exposed to asbestos?
When it comes to proving asbestos exposure, a mesothelioma attorney will guide you through every step. They’ll start by gathering your medical records and pathology reports to confirm your mesothelioma diagnosis. These documents will form the foundation of your case.
Your attorney will then dig deeper into your work or military history to uncover where, when, and how your exposure occurred. They can track down records such as pay stubs, Social Security statements, or service documents, and may also speak with coworkers, family members, or medical experts.
Using all of this evidence, your attorney will then work to recover compensation on your behalf from manufacturers of asbestos-containing products.
What counts as exposure to asbestos?
In the context of filing a legal claim, asbestos exposure means you were in contact with asbestos fibers in a way that caused you to develop mesothelioma or another health condition. This might have happened at a job site, in the military, or even at home if asbestos dust was brought in on work clothes by a spouse or parent.
Exposure doesn’t have to be daily or long-term — even a single exposure can cause mesothelioma. Your lawyer will look at when, where, and how you came into contact with asbestos to connect your illness directly to that exposure.
If you’re ready to take the first step, reach out to Mesothelioma Hope to speak with an experienced asbestos attorney.
Is there a test to see if you were exposed to asbestos?
There isn’t a test for asbestos exposure in and of itself. However, imaging tests and a biopsy can help determine if you have an illness that could be caused by asbestos, such as mesothelioma or asbestosis.
Even then, medical tests alone don’t usually prove exposure in a legal sense. That’s why lawyers combine biopsy results and other medical records with work history, military service records, and witness statements.
This full picture of medical and occupational evidence is what builds a strong lawsuit showing how asbestos exposure led to mesothelioma.
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