The Gori Law Firm
Get Your FREE Case Review 24 Hours A Day
888-362-6890
To protect your safety during the coronavirus (COVID-19) crisis, we offer telephone and video conferences, in addition to face-to-face meetings. Please contact our office today to set up a remote consultation.
More than $3 Billion Recovered For Our Clients

How do you prove a company exposed you to asbestos?

Asbestos is a known carcinogen and the only proven cause of mesothelioma. There’s no amount of asbestos exposure that’s known to be safe. However, it can take years for such exposure to lead to cancer. And though someone may be responsible for that exposure—and your cancer—how can you prove it years or decades later?

That’s a question the California Supreme Court recently tackled indirectly. While reversing an appellate court decision, the Supreme Court said the testimony one foreman offered was enough circumstantial evidence to move forward.

Do you have enough evidence to win?

Mesothelioma victims who want to seek justice against those who exposed them to asbestos face many challenges. One of those is the fact they may not develop the disease for decades after the exposure. That means there’s a good chance they may not have the same hard evidence they’d have right after a more immediate cause of injury, such as a car accident.

However, the California Supreme Court gave one victim and his wife the chance to take their case before a jury even though the most direct evidence had been destroyed years before.

The victim was a man who had worked as a pipe layer and claimed that he’d contracted his disease after being exposed to pipes made with asbestos. The receipts for the pipes no longer existed, but the pipe layer’s foreman believed he knew the company that had made the pipes. The foreman testified that he remembered the company’s logo on its receipts.

The court’s decision to allow such circumstantial evidence to stand was critically important. To claim reimbursement from the pipe manufacturer, the victim needed to prove there was a connection. Of course, the pipe manufacturer would seek to deny any connection, and the lack of physical receipts or invoices could work in their favor. But by allowing the case to move forward, the California Supreme Court ensured the victim and his wife had a shot at justice.

It may have also given hope to thousands of other victims who were unsure they had enough proof to win their cases. The ruling may prevent other courts from dismissing cases due to a lack of hard evidence. It may allow more victims to present their case to a jury, and others may push for better settlements from companies that might otherwise have tried to get their cases dismissed.

The challenges can be overcome

As much as anything, the recent ruling may serve as a good reminder that the law is always in motion. The underlying principles carry forward, but the courts may introduce new precedent. The science may become more refined. People are still learning new things about the dangers of asbestos exposure.

This means victims may not fully understand the strength of their case until they consult an attorney. Experienced attorneys who remain active with mesothelioma cases can help people better understand the strength of their cases and the values of their claims.

No Comments

Leave a comment
Comment Information

Why Choose The Gori Law Firm?

  1. Experience

    With over 100 years of combined legal experience, we guide our clients through the litigation process by addressing questions and concerns and about the outcome every step of the way. Read More

  2. Results

    The team at The Gori Law Firm fights hard for clients, working to get the compensation and the settlement they deserve, obtaining over $3 billion in verdicts and settlements for our clients. Read More

  3. Team Approach

    We are more than just experienced attorneys: our team is also made up of highly trained paralegals and professionals specially trained to deal with the demands of these complex cases. Read More

  4. Faster Trial Dates

    We know that obtaining funds in a timely manner will help cover medical expenses. The Gori Law Firm works quickly to recover funds and secure the earliest possible trial dates on our client's behalf. Read More

Recognition

Super Lawyers Million Dollar Advocates Forum American Association for Justice
ABA - Defending Liberty - Pursuing Justice Illinois State Bar Association

Fill Out Our Form Today To Get A Free Case Review.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Get a Free Case Review Today

The Gori Law Firm News

The Gori Law Firm Donates to Several Area Food Pantries During the COVID-19 Crisis

Read More >

In The Community

The Gori Law Firm and Global Brew Raise More Than $20,000 at Recent Oktoberfest Event

More Community & Events >

Read Our White Paper

A Continuing Threat: How Deadly Legacy Of Asbestos Haunts Navy Veterans Today >
${site.data.firmName}

Edwardsville Office
The Gori Law Firm
156 North Main Street
Edwardsville, IL 62025
Edwardsville Law Office Map

Washington, DC Office
The Gori Law Firm
1875 Connecticut Ave. NW
10th Floor

Washington, DC 20009
Washington Law Office Map

New Orleans Office
The Gori Law Firm
909 Poydras Street, Suite 2195
New Orleans, LA 70112
New Orleans Law Office Map

Los Angeles Office
The Gori Law Firm
3878 Carson Street, Suite 210
Torrance, CA 90503
Torrance Law Office Map

New York Office
The Gori Law Firm
360 Lexington Avenue
20th Floor
New York, NY 10017
New York Law Office Map

Orlando Office
The Gori Law Firm
37 N. Orange Ave., Suite 1100F
Orlando, FL 32801
Orlando Law Office Map

Granite City Office
The Gori Law Firm
2862 Madison Avenue
Granite City, IL 62040
Granite City Law Office Map

Get Your FREE Case Review 24 Hours A Day 888-362-6890
Close X

Contact Us For A Free Case Assessment

Back To Top