How to Prepare an Asbestos Case

A successful asbestos claim involves showing that an individual suffered an injury because of exposure to asbestos products. This usually requires a thorough review of a person's work history.

It is important to be aware that an asbestos claim is a product-liability claim. The plaintiff's attorney must demonstrate that the defendant did not fulfill its obligation of care.

Determining the Source of Exposure

Asbestos exposure can be triggered in a variety of ways. The majority of asbestos-related claims relate to occupational exposure. This includes workers who handled raw asbestos substances, workers who worked at manufacturing or processing sites for asbestos and those who lived near these sites.

A lawyer will need to identify the exact circumstances under which the plaintiff was exposed asbestos while pursuing the case. It is important to speak with the individual or their family members during this process. This helps establish the dates, the duration and whether the exposure was continuous. The more information you are able to give your attorney, the better chance of winning the case.

Although the majority of asbestos-related cases involve work exposure certain victims have suffered secondhand exposure and some have been exposed via the use of consumer products that are contaminated. Inhalation is the primary route of exposure to asbestos and is usually what causes illness, but contact through the skin and eating seafood that has been contaminated can be ways of exposure.

Asbest can trigger a variety of illnesses like mesothelioma, cancer of the lung and lesions of the pleura. The symptoms typically begin with a coughing and asbestos litigation breathlessness. Other symptoms include abdominal pain, fatigue, and a decrease in appetite. Some people are exposed by the air to asbestos which is naturally occurring. The low levels of exposure to asbestos do not cause illness.

Asbest was used by hundreds of companies for their buildings as well as in mining operations and products. These include construction, shipbuilding, insulators and manufacturers of commercial and household products. Asbestos is a component of construction materials and drywall and it was utilized in a variety of plumbing and electrical installations.

Nearly every industry using asbestos has had to deal with injuries related to the material. The most at-risk employees, such as asbestos miner are the most susceptible to developing diseases related to asbestos. People who have been exposed to dust or asbestos-related particles are also at risk. Due to the lengthy delay, some victims will not receive a diagnosis until after the passing of a loved ones or when they reach retirement age.

In the process of developing a Database

The first step to creating an asbestos claim is to gather an exhaustive record of the victim’s exposure. This could include interviews with co-workers, family members, abatement workers and suppliers. In certain cases it can take a number of years to complete this process. This is because a successful mesothelioma claim will require two main pieces of evidence: proof of exposure and medical proof of disease.

A mesothelioma lawyer can assist by obtaining proprietary databases of asbestos. These databases can be used to determine companies, employers, and job sites that are liable. Additionally, mesothelioma lawyers can look over a patient's medical record and determine what kind of mesothelioma has developed as a result of their exposure.

If a lawyer has confirmed mesothelioma diagnosis the lawyer can begin constructing an asbestos case. This will include a timeline of the patient's professional and job history, as in identifying any asbestos-containing products they handled and worked around at different jobs.

This information is essential in a mesothelioma lawsuit since asbestos exposure often occurs over the course of many decades. This makes it difficult to identify the specific company or employer responsible for the injury. A mesothelioma lawyer may use an asbestos database to identify potential defendants and develop an effective legal argument on behalf of their client.

In some cases mesothelioma can be the result of the combination of several asbestos-containing products. Asbestos attorneys may also utilize an asbestos product database recalls, which can be used by multiple manufacturers and work sites.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternately, they may claim a mesothelioma trust fund claim. Mesothelioma compensation from trust funds usually is the result of funds put aside by bankruptcy asbestos companies.

It is important to consider the financial consequences of a lawsuit involving asbestos on loved ones of the victim. The reason for this is because mesothelioma can be fatal and the loved ones of the victim will suffer a significant loss of income. This could increase the value of mesothelioma claims. An experienced mesothelioma lawyer will ensure that every one of the financial losses of the victim are taken into consideration and incorporated into their legal claims.

Identifying Defendants who could be a potential defendant

It is essential to identify any defendants that may have contributed to the injury when filing an asbestos lawsuit. This can be accomplished through interviews, as well as through a review of the purchase or construction records. The defendants usually deny being accountable and your lawyer will respond to these allegations on your behalf. As the case progresses with investigation of expert witnesses and the examination of evidence, new defendants could be discovered and existing defendants could be able to exonerate themselves.

Many asbestos lawsuits involve a myriad of potential defendants. The reason is that asbestos lawsuits are complicated and the lives of the victims were affected in a variety of ways by asbestos compensation exposure at various workplaces. Asbestos sufferers may have worked in a shipyard, then transferred to an oil refinery or another type of industrial plant. It is therefore vital that the lawyer for the victim determine any potential defendants to assist him or her obtain the maximum amount of damages possible under state law.

The plaintiff's lawyer must prove that the defendants were negligent. This can be accomplished by showing 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 risk.

Several factors can complicate an asbestos case, including the long latency time of many asbestos-related ailments. This means that an asbestos-related disease like mesothelioma could be discovered years after the last asbestos exposure.

In these cases, the victim’s attorney may be required to prove causality. This is a harder requirement to prove, as it requires the plaintiff's doctor to establish a link between the defendants' negligence and the patient's illness.

The lawyers of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers are skilled in asbestos litigation and have handled hundreds of cases over the duration of their careers. Contact us to discuss your options if you've been injured due to asbestos exposure.

Preparing for trial

There are a variety of ways victims and their families can seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers assist clients in determining who is responsible and bring suit in line with. Most asbestos cases are caused by negligence, strict liability, or breach of warranty. In mesothelioma-related cases, there are usually many potential defendants. Each state has laws that govern how the responsibilities and responsibilities of different companies are apportioned.

The mesothelioma lawsuit starts with the discovery process which allows the parties in the case to discover details about each other. During the discovery phase attorneys from both plaintiffs and defendants' sides ask each other questions (interrogatories) and seek documents. Kazan Law assists clients in gathering relevant information to build an effective case for them. This includes finding out the date and location where their loved ones were the first exposed to asbestos as in addition to any defendants that might be responsible.

Once they have the details, attorneys will prepare for trial. This can include setting up expert witnesses, reviewing medical records and gathering other evidence to prove the claim. Trials can last for days or months, depending on the circumstances. Fortunately, the majority mesothelioma cases settle before trial dates.

To be able to prove their case, patients of mesothelioma must be ready to testify in a deposition. In a deposition, attorneys will ask the victim under an oath about their exposure as well as medical background. It is crucial for the witness to be transparent about what they know and don't. For example If a person can't recall the exact time they were exposed to asbestos or when it was a matter of fact, it is not appropriate to speculate or guess.

In addition to the testimony of a mesothelioma survivor, an experienced lawyer may also seek out experts like environmental and asbestos specialists along with toxicologists and life-care planning experts. This can strengthen the mesothelioma case of the client and increase the odds of a positive outcome at trial. A verdict in the favor of the asbestos victim can result in significant settlement for medical expenses, funeral expenses and other financial losses. In some states, asbestos victims could be entitled to additional damages for their pain and suffering.