Proving a Silicosis Lawsuit at Trial (2024 Guide)

You’ve taken the first steps in your journey toward justice and engaged legal counsel for your silicosis claim. This is when those nerves set in. What if it takes forever? What if there isn’t enough evidence? What if I don’t have enough proof? Proving a silicosis lawsuit at trial requires demonstrating that the disease resulted from direct exposure to silica dust.

It could have been due to negligence or their wrongful conduct. To do this, you must provide compelling evidence that can link the defendant’s actions (or inactions) to your condition, follow established legal procedures, and meet the burden of proof. Today, we are going to discuss how you can build and present a strong case, but first, what is silicosis, and what causes it?

What Causes Silicosis?

Silicosis is a progressive and often irreversible lung disease that is caused by inhaling fine silica dust over an extended period of time. Silica is a natural mineral found in materials like stone, sand, and concrete — but it can also be found in very high concentrations in manufactured materials like engineered stone. When these materials are cut, ground, or drilled, they release respirable silica particles that can damage lung tissue upon inhalation.

How Can I Prove That My Silicosis Was Caused by My Job

The first thing your legal team can do is establish the elements of any solid claim. By presenting these elements in a clear and precise way, you can prove that the fault lies with the defendant. These elements are:

• Duty of care. You must show that the defendant owed you a duty to provide a safe environment or product. For example, employers must follow occupational safety laws, and manufacturers of engineered stone or equipment must warn users of silica risks.
• Breach of duty. You must demonstrate how the defendant violated their duty. Examples include employers failing to enforce safety protocols or provide protective equipment and manufacturers not including clear warnings about the dangers of silica dust.
• Causation. You must prove that direct exposure to silica dust caused your silicosis. This often involves medical testimony linking your condition to silica exposure and evidence showing unsafe practices or defective products caused the exposure.
• Damages. You must provide evidence of the harm you have suffered, for example, medical records detailing your diagnosis and treatment and testimony about the impact on your quality of life and ability to work.

Your legal team can attack each of the above elements with care and ensure that the court can draw a straight line from one to the other, which can prove your case. However, in order to draw that straight line, your legal team must provide the court with sufficient evidence.

Evidence Required for Trial

After a thorough investigation, your legal team has done their due diligence and compiled everything you need to prove your silicosis claim before the judge. This evidence includes:

• Medical evidence. Medical documentation is critical when proving the link between silica exposure and your silicosis diagnosis. These can include lung function tests, X-rays, CT scans, and medical expert testimony confirming your condition is consistent with silica dust exposure.
• Workplace or exposure history. To prove that your exposure occurred in a setting where the defendant was responsible, you must show employment records showing you worked in a building or site that was under the defendant’s care and evidence of silica dust exposure levels, for example, air quality reports or safety audits.
• Documentation of safety violations. Proving a failure to follow safety regulations can help. This can include OSHA citations or other regulatory penalties against your employer and witness testimony from coworkers about unsafe practices.
• Product evidence (if applicable). If the claim is against a manufacturer, your legal team can present information about the silica content of their product and labels or user manuals that lack adequate warnings.
• Expert testimony. Experts can help explain complex concepts like how silica dust exposure leads to silicosis, industry standards for safety, and whether the defendant met them.

Once this evidence is gathered, the next step for your legal team is to decide which legal theory to employ when proving liability.

Legal Theories of Liability

In order to use the evidence to prove liability, your legal team could use any of these theories to tie the evidence back to the party responsible. They are:

1. Negligence. In order to prove negligence, counsel can show that the defendant breached their duty to protect you from harm. For example, an employer failing to provide respirators or a contractor ignoring dust suppression protocols.
2. Responsabilidad por productos defectuosos. In order to prove product liability, counsel may argue that the product was defectively designed or manufactured or that the product lacked adequate warnings or instructions.
3. Breach of regulations. In order to prove a breach of regulations, counsel may showcase that the defendant failed to comply with OSHA silica safety standards or similar regulations.

Successfully proving a silicosis claim at trial requires a clear understanding of legal principles, solid evidence, and a strong narrative that highlights the harm caused by silica dust exposure.

With the right legal team behind you, you can pursue justice with confidence.

Preguntas frecuentes

Q: How Does Proving Liability Differ for Subcontractors?

A: For subcontractors, it is imperative to show that the defendant had complete control over the worksite (whereby you, as a subcontractor, could not deviate from their standard of operation) and that their actions directly contributed to unsafe silica dust exposure. We can better advise on your next steps after a full review of your case.

Q: Can Liability Be Shared Among Multiple Parties?

A: Yes, liability can be shared among multiple parties. The court could assign liability to multiple parties if their combined actions caused your exposure. This is called joint and several liability. For example, if the manufacturer of an engineered stone did not place a warning label on their product and your employer then had you cut the stone without adequate PPE, both parties could be held liable.

Q: Can I Still File a Claim if I Was Exposed Decades Ago?

A: Possibly. Some states have statutes of limitations that begin when you are diagnosed, not when the exposure occurred. This means that if you were exposed twenty years ago, but a pulmonologist just made the diagnosis, then you are within the statute of limitations, and you could file a claim. To better advise, our team would have to fully review your case.

Q: Can I Bring a Case Even if I Have Left the Industry?

A: Yes. Your ability to file a claim does not depend on current employment in the industry but on proving that you were exposed to silica dust in the past and that this exposure was a direct cause of your diagnosis. After a full review of your case, the team at Wallace & Graham, P.A., can determine which avenues of compensation are available to you.

Seasoned Silicosis Trial Lawyers

With the right representation, proving your silicosis at trial becomes less stressful. With decades of experience in toxic exposure litigation, the team at Wallace & Graham, P.A., is ready to fight for your rights, become your advocate, and aggressively pursue the compensation that you need and deserve.

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