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The importance of documentation in asbestos litigation

In any asbestos injury case, thorough documentation of the condition is critical to building the strongest possible claim. There are several reasons for this. First of all, there is the need to establish that the condition has been properly diagnosed and does indeed exist.

There is also the need to establish that the plaintiff was exposed to asbestos at a given time and place and that the defendant was responsible for the exposure. A third reason documentation is so important in asbestos litigation is that it helps the plaintiff to properly establish the damages to which he or she is legally entitled. 

Documentation of an asbestos-related condition means, first and foremost, medical documentation. To build a strong asbestos injury case, a plaintiff should be able to provide documentation of a diagnosis from a respected practitioner, any course of treatment that has been taken to address the condition, adjustments to daily life to manage the effects of the condition, and so on.

Medical documentation helps to establish not only the existence of the condition, but also the costs of the condition for the plaintiff. Documentation of medical bills, changes in earnings, mental health bills, and other such matters is essential to fully demonstrate these expenses and losses.

Another important area of documentation is the plaintiff’s work history, since this helps establish the plaintiff’s exposure to asbestos at a given time and place. If a plaintiff is able to find co-workers who can testify to asbestos exposure, this can be helpful. One of the problems that can come up here is proper allocation of liability in cases where there were multiple sources or periods of exposure, but this can be addressed by an experienced attorney.

Obtaining solid documentation in asbestos litigation is not always easy, but working with an experienced attorney can help ensure a plaintiff has the best possible opportunity to form a strong basis for his or her claim, and to navigate any legal issues that arise. 

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