If you’ve been diagnosed with mesothelioma or another asbestos-related disease, pursuing compensation at trial requires more than medical records and work history alone. Experienced asbestos attorneys work with expert witnesses to establish the legally required connection between your illness and the companies responsible. Testimony by expert witnesses can also transform evidence into a compelling argument, supporting your claim for compensation.
What Expert Witnesses Do in Mesothelioma Cases
An expert witness is an individual with specialized knowledge, skills, education, or experience in a particular field who provides professional insight during legal proceedings. In mesothelioma litigation, expert witnesses assist a case in the following ways.
Establish Causation
A major part of mesothelioma litigation (and injury litigation in general) involves establishing causation of an injury. If a plaintiff cannot prove causation, the plaintiff does not have a case.
In the asbestos context, proving causation means proving that an exposure to asbestos caused (or contributed to cause) a given plaintiff’s illness. This is essentially a two-prong test: is a particular exposure to asbestos capable of causing the injury in question, and as importantly, did it cause the injury in question in the case at bar?
Proving medical causation absolutely requires expert witness testimony – this is a legal requirement that cannot be avoided. Lawyers must conduct a detailed investigation of a client’s exposures and develop and present legal proof of those exposures. This proof, when provided to experts, allows them to establish the medical connection between asbestos exposure and a diagnosis.
Educate Jurors
Mesothelioma cases involve complex medical, scientific, and industrial processes that are unfamiliar to most jurors. Expert witnesses translate technical information into language that both jurors and judges understand. Their explanations help others visualize the plaintiff’s experience and comprehend the seriousness of what’s involved.
Overcome Defense Arguments
Defendants often introduce their own expert witnesses to challenge the plaintiff’s claims. They may argue that the exposure cited was too minimal to cause disease or that their products didn’t contain asbestos at the time the victim encountered them. Expert witnesses counter these defense arguments with scientific evidence, historical records, and their professional expertise.
Types of Expert Witnesses in Asbestos Cases
Mesothelioma lawsuits often involve testimony from multiple expert witnesses, each providing insight into different aspects of your claim.
Medical Experts
Medical experts (pulmonologists, oncologists, pathologists, and occupational medicine practitioners) provide testimony about the plaintiff’s diagnosis, prognosis, and treatment needs. These doctors testify to causation, explain how asbestos fibers cause mesothelioma, detail the progression of your disease, and discuss your life expectancy and quality of life. They can also establish that your mesothelioma resulted from asbestos exposure rather than another cause, countering defense arguments that attempt to dispute alternate explanations.
Industrial Hygienists
Industrial hygienists are qualified to anticipate, recognize, evaluate, and develop controls for occupational health hazards. They can testify about the workplace conditions that led to asbestos exposure in your industry or occupation, the typical exposure levels in these environments, and whether the companies involved violated known safety standards. This testimony is key to proving negligence by showing that the defendants knew, or should have known, of the dangers of asbestos exposure and failed to act.
Economic Experts
Economic experts assess the financial impact of mesothelioma on the plaintiffs. They present detailed evaluations of lost wages, medical expenses, future care costs, and other economic burdens resulting from the disease. These calculations vividly illustrate the full financial impact on you and your family, highlighting the need for adequate compensation and the disease’s long-term economic ramifications.
The O’Brien Law Firm’s Dedication
At the O’Brien Law Firm, we are dedicated to helping the victims of asbestos disease seek the justice and compensation they deserve. Our knowledgeable asbestos attorneys have long-standing relationships with respected expert witnesses and have the resources to build comprehensive cases on their behalf.
Let us advocate for your rights. Call the O’Brien Law Firm at (314) 588-0558 or contact us online to get started!
