Reconstructing an Exposure History That May Go Back Decades
One of the central challenges in an asbestos case is identifying where exposure occurred. A person may remember an occupation, work environment, or type of equipment without knowing the manufacturer of an asbestos-containing product used there.
Our attorneys investigate the history behind the exposure, which may involve reviewing employment records, job duties, work locations, products used, testimony from former coworkers, company records, and other historical evidence.
The investigation can be particularly important when a person encountered asbestos through multiple jobs or sources over the course of a working life.
Identifying the Products & Companies Connected to Exposure
Asbestos was incorporated into an extensive range of products because of its resistance to heat and fire. Depending on the circumstances, exposure may have involved insulation, construction materials, machinery components, automotive products, industrial equipment, or other materials.
A claim may require identifying the manufacturers, suppliers, contractors, or other companies connected to those products. Historical corporate information can become an important part of establishing that connection.
KRW Lawyers examines the available evidence to determine which companies and products may be relevant rather than treating the source of exposure as a simple question with a single answer.
Mesothelioma, Lung Cancer & Other Asbestos-Related Diseases
Asbestos exposure has been associated with several serious diseases. Mesothelioma is particularly associated with asbestos exposure, while exposure can also contribute to certain forms of lung cancer and other respiratory conditions.
The medical diagnosis matters to the legal claim because the nature of the illness can affect treatment, prognosis, expenses, lost income, and other damages.
Medical records, pathology reports, imaging, physician opinions, and treatment histories can help establish the connection between the disease and its consequences.
Your Medical Expenses Are Only Part of the Picture
An asbestos-related illness can affect nearly every area of a person's life. Treatment may involve surgery, chemotherapy, radiation, medication, rehabilitation, repeated appointments, and other ongoing care.
A claim may address legally recoverable losses such as:
- Medical treatment & related expenses. Hospitalization, procedures, medication, rehabilitation, travel for treatment, and other medical costs may be documented.
- Lost income. An illness may prevent someone from continuing to work or require significant time away from employment.
- Reduced earning capacity. A serious diagnosis can affect a person's ability to earn income in the future.
- Pain & suffering. The physical effects of an asbestos-related disease can be substantial and may be considered as part of a claim where permitted.
- Loss of quality of life. Serious illness can interfere with family life, recreation, independence, and ordinary daily activities.
The appropriate damages depend on the circumstances of the individual case.
When Asbestos Exposure Has Affected a Family
Asbestos-related illness can have consequences for an entire household. A spouse or other family member may become a caregiver, while medical costs and lost income can create financial pressure.
If the illness results in death, New Mexico law generally allows the personal representative of the person who died to bring a wrongful death claim on behalf of surviving family members. Those claims can involve different requirements and damages from a claim brought by the person who was diagnosed.
Asbestos Cases Can Involve More Than One Potential Defendant
Exposure histories sometimes point to multiple products, employers, manufacturers, contractors, or other entities. Identifying every potentially responsible party can therefore be an important part of the investigation.
The legal and financial position of each defendant may also differ. Some companies may have changed ownership, merged with other businesses, dissolved, or otherwise altered their corporate structure since the time of exposure.
Historical research can help determine what entities may still be relevant to a claim.
Understanding the Timing of an Asbestos Claim
The passage of time does not necessarily eliminate every potential asbestos claim, but it can make the legal analysis more complicated. Filing deadlines may depend on the type of claim and circumstances surrounding the diagnosis or exposure.
That is one reason it can be important to discuss a potential claim promptly after an asbestos-related diagnosis. Waiting may make it more difficult to locate records or witnesses and could affect applicable filing deadlines.
Building an Asbestos Claim Around the Individual Story
No two exposure histories are identical. Someone who worked around insulation may have a very different claim from someone who encountered asbestos-containing products through industrial equipment, construction materials, or another source.
KRW Lawyers takes that history into account when investigating potential sources of exposure, identifying responsible parties, documenting medical and financial losses, and determining which legal claims may apply.
If you or someone you love has been diagnosed with an asbestos-related illness, don’t hesitate to call (505) 628-0776 or contact us online to go over your legal options.
