It is true that cases of asbestos exposure may be complicated because of the time passing since being exposed. And this could mean that the party responsible for the claim may no longer exist. In some cases it could be that the party responsible is not just one but many companies or persons. Because of such complications an expert witness is necessary for asbestos exposure cases.
An expert witness with a medical background may be needed for asbestos exposure claims. This expert helps the judge or jury understand how even low doses of asbestos could cause severe health conditions. For example, common health conditions include:
- Congestion issues,
- Breathing problems,
- Internal bleeding and
- With some people death
Expert Witness: Health Concerns from Exposure
When an expert witness has a medical background they may explain the health consequences if a person is exposed. The expert may explain to the judge or jury that asbestos must be handled with safety gear. Such safety gear must include a mask so the person does not inhale fibers. They will also explain that the person must make sure the fibers are not inhaled while removing the protective clothing.
The Expert Witness and Liability
It is necessary to hire an expert witness so that the responsible party may be revealed. Additionally, liability of the issue is understood by the judge or jury. Depending on how the exposure happened it may be necessary to reconstruct the issue. And get evidence to find the correct liable company or person or companies or persons.
For injuries to be compensated in court the lawyer and expert witness need to prove specific elements of the case. These elements are:
- Duty of care was owed
- A breach of the duty occurred
- This breach lead to the damage
If any of these elements are missing the case may fail. For legal advice and representation in your asbestos case speak to a lawyer from the Vinson Law Office.