How to Prepare an Asbestos Case

A successful asbestos case requires the evidence that proves that a person suffered an injury due to exposure to an asbestos product. This often requires looking over a person's past work history.

It is important to know that an asbestos claim is a product-liability claim. The plaintiff's lawyer must demonstrate that the defendant failed to fulfill its duty of diligence.

Determining the Source of Exposure

Asbestos exposure can happen in a variety of ways. The majority of asbestos-related claims relate to occupational exposure. Workers who handled asbestos raw materials or worked in asbestos manufacturing or processing sites, and those who lived close to asbestos processing sites are all included.

A lawyer must determine the exact circumstances under which the plaintiff was exposed to asbestos during the course of the lawsuit. It is important to speak with the individual or their family members during the process. This helps establish the dates, time and duration of the exposure as well as whether the exposure was continuous. The more information you can give your attorney more likely you are of winning the case.

While the vast majority of asbestos-related cases involve occupational exposure, some victims have experienced exposure from secondhand sources, and some were exposed through products that are contaminated for consumption. Inhalation is the primary method of exposure to asbestos, and is typically the cause of illness. However, dermal contact and eating seafood that is contaminated can also be ways of exposing.

The toxicity of asbestos may result in several types of illnesses, such as mesothelioma, lung cancer and pleural plaques. The symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue and a decrease in appetite. Some people are exposed to naturally occurring asbestos in the air outside and the resulting lower levels of exposure seldom lead to illness.

A multitude of companies have used asbestos in their buildings, products and in their mining operations. Construction, shipbuilding and insulators, as well as manufacturers of household products as well as commercial products, are all included. Asbestos is present in a variety of building materials and drywall, and it was used in various plumbing and electrical installations.

Nearly every industry that uses asbestos has had to deal with injuries related to the substance. Workers in the most hazardous jobs, like asbestos miners, are more likely to suffer from asbestos-related illnesses. However, those who have been exposed to asbestos-related debris are also at risk. Because of the long time of latency, people may not receive a diagnosis until after the death of a loved ones or after they reach retirement age.

Making a Database

The first step in the process of preparing an asbestos claim is creating a comprehensive record of the person's exposure. This can include interviews with family members, coworkers and abatement professionals, as well as suppliers. In some instances it can take years to complete this task. This is because a mesothelioma-related claim that is successful will require two main elements of evidence: proof of exposure and medical proof of disease.

A mesothelioma lawyer may be able to assist by obtaining proprietary databases of asbestos. These can be used to identify responsible companies, employers and job sites. Mesothelioma attorneys can also review medical documents to determine the kind of mesothelioma that a patient is suffering from as a result of their exposure to.

Once a lawyer has confirmed a mesothelioma diagnosis and has been able to begin constructing an asbestos claim. This includes the timeline and employment history of the patient, as well as identifying any asbestos-containing products that they worked with or around in different jobs.

This information is essential for a mesothelioma lawsuit because asbestos exposure is often a part of the course of decades. It is difficult to identify a specific company or company as the source of the injury. A mesothelioma lawyer can use an asbestos data base to determine potential defendants and create a strong legal case for their client.

In some instances mesothelioma can have been caused by an amalgamation of asbestos-containing products. Asbestos lawyers can also use an asbestos recall database that can be used to trace several manufacturers and job sites.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternately, they may file a mesothelioma trust fund claim. Trust funds are generally used to compensate mesothelioma sufferers. They are typically set aside by asbestos companies that have gone bankrupt.

It is crucial to think about the financial implications of an asbestos lawsuit on loved ones of the victim. The reason is that mesothelioma is often fatal and loved ones of the victim will be impacted by a substantial loss of income. This can dramatically increase the value of a mesothelioma suit. An experienced mesothelioma attorney will make sure that all of the financial losses suffered by the victim are taken into consideration and incorporated into their legal claims.

Identifying Defendants who could be a potential defendant

It is important to identify the defendants who might have contributed to the injury when filing an asbestos lawsuit. This can be done through interviews and a look at the construction records or purchase invoices. Your lawyer will address these claims on your behalf when the defendants deny that they are accountable. As the case progresses with expert witness investigation and evidence review the possibility of new defendants being identified, or existing defendants may be able exonerate themselves.

Many asbestos lawsuits have dozens of potential defendants. The reason for this is because asbestos cases are extremely complex and the lives of the victims were affected in a variety of ways through asbestos exposure at different workplaces. Asbestos-related victims might have worked in a shipyard then transferred to an oil refinery or another kind of industrial plant. Therefore, it is essential that the attorney representing the victim identify any potential defendants to help obtain the maximum amount of compensation available under state law.

The plaintiff's attorney must prove that the defendants were negligent. This can be accomplished by proving the four elements of negligence which include frequency of exposure (duration of exposure), proximity to the source and absence of warnings regarding the asbestos-related danger.

Many factors can exacerbate the asbestos case, for example the long time it takes to develop many asbestos-related ailments. This means that a person can be diagnosed with a disease like mesothelioma a few years after the last exposure to asbestos.

In these types of cases, the victim's attorney will also need to present an argument for causation. This is a harder requirement to meet since it requires that the plaintiff's physician establish a causal link between defendant's negligence as well as the victim's health.

Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers are experienced in asbestos trials and have handled thousands of cases over duration of their careers. If you've been injured from exposure to asbestos contact us today to discuss your options to recover compensation.

Preparing for Trial

There are numerous ways that families of victims can claim compensation for asbestos exposure, such as lawsuits and trust fund claims. Mesothelioma lawyers assist clients in determining who is responsible and file suit accordingly. Asbestos cases usually are focused on negligence or strict liability. In mesothelioma cases there are often many potential defendants. Each state has laws that regulate how the responsibilities of various companies are divided.

The discovery process is the initial stage in a mesothelioma case. It allows the parties to find out more about one another. In the discovery phase attorneys representing the plaintiffs and defendants will ask questions (interrogatories) and request documents from each other. Kazan Law assists clients in gathering relevant information to build an effective case for them. This includes determining where and when their loved ones were exposed to asbestos, and the names of any defendants that could be accountable.

After obtaining this information, lawyers will begin preparing for trial. This can include setting up experts as witnesses, reviewing medical records, and gathering other evidence to prove the claim. Trials can take days or months, depending on the circumstances. Fortunately, the majority of mesothelioma cases are settled prior to trial dates.

To establish their case, those suffering of mesothelioma must be ready to give evidence in deposition. In a deposition will ask the victim under oath about their exposure and medical history. It is essential for the witness to be transparent about what they know and do not. It is not acceptable for witnesses to speculate or guess for instance, if they are unable to remember how or when they were found out.

In addition to the testimony of mesothelioma survivors, an experienced lawyer can also seek the assistance of experts like environmental and asbestos specialists along with toxicologists and life-care planning experts. This can help bolster the mesothelioma case of a client and increase the chance that a positive verdict will be made at trial. A verdict in favor of the asbestos victim could result in a substantial amount of settlement for funeral expenses and other financial loss. In certain states, asbestos victims could be eligible to receive additional compensation for pain and suffering.