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West Virginia Mesothelioma Lawyers: Building Strong Cases

You need strong evidence to increase your chances of winning an asbestos-related mesothelioma case. Building the strongest case possible can help you get the compensation you deserve, but success isn’t guaranteed.

You might consider filing a personal injury claim if you’ve been diagnosed with mesothelioma in West Virginia after asbestos exposure. West Virginia mesothelioma lawyers work hard to build strong cases. Although no one can guarantee a win, a good mesothelioma lawyer will work hard on your behalf.

Any mesothelioma claim must have solid evidence. An experienced lawyer will have the resources and knowledge to get started.

It’s worth noting you can also file a mesothelioma claim if you’re the family member of someone who died because of asbestos-related mesothelioma. In either case, your lawyer will consider several things when building a strong case.


Details of Your Illness

One of the most important factors in the strength of your case is details about your illness. You’ll need an official diagnosis of mesothelioma before your case can proceed. A diagnosis of mesothelioma means you likely experienced long-term exposure to asbestos.

The severity of your illness affects your case as well. The American Cancer Society says there are four stages of mesothelioma. The lower the number, the less the cancer has spread through the body. Doctors usually refer to the stage of mesothelioma when discussing rates of survival.

Your attorney will look at the stage of your cancer to help determine a fair amount of compensation for your pain and suffering. In addition to your pain and suffering, related medical expenses also are considered when determining compensation.

Proof of Exposure

A strong mesothelioma case will show that the party at fault for your exposure was negligent. For example, say that you were exposed to asbestos in the workplace. Your employer was negligent because they didn’t provide a safe workplace, they failed in their duty to protect you, and your mesothelioma is a direct result of their negligence.


Your work history will help determine how long and how often you were exposed to asbestos. You might know when and where the exposure occurred. But some people might have worked several jobs over the years and have no clear idea about which one exposed them to asbestos.

An attorney can help by reviewing your work history to see if you worked at or in any at-risk locations. Once a location is established, your attorney will research the company to see if they are involved in other asbestos-related lawsuits.

Your attorney will also want to know if you worked with any asbestos products. Several products contained asbestos up until the mid-1980s, when the danger of asbestos became widely known. You can still find asbestos in some products today, but not nearly as much as before the mid-1980s.

Your attorney will likely know how to access records containing a list of asbestos products. These records can help determine if you worked with any products that contained asbestos, thereby contributing to your exposure and diagnosis of mesothelioma.


Difficulty Proving Exposure

Mesothelioma is an aggressive form of cancer, but it’s slow to develop. It can take anywhere from 10 to 50 years for the cancer to develop after asbestos exposure.

Some defendants use this as a defense, stating that the victim could’ve been exposed to asbestos elsewhere. To build a strong case, your lawyer needs to show that your main exposure occurred because of a specific employer or product.

If you were exposed to asbestos from additional sources, make sure to mention it to your lawyer. The defendant might possibly find out that you were exposed to asbestos from other sources. The defendant will likely use this information to hurt your case. To avoid getting tripped up by this weakness in your case, make sure to inform your lawyer of the additional exposure.

Consult with an Experienced Mesothelioma Lawyer

Mesothelioma cases are often more complex than most other cases. That’s why you want to choose a lawyer who specializes in asbestos-related cases. A lawyer with experience in this area will likely know what to expect and know how to deal with any strategies put forth by the party or parties at fault.


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