How to Prepare an Asbestos Case

A successful asbestos case requires proving that a person suffered an injury because of exposure to an asbestos product. This typically involves the review of a person's history of work.

It is important to be aware that an asbestos claim is a product liability claim. The plaintiff's attorney must prove that the defendant breached its obligation of care.

Determining the Source of Exposure

Asbestos can be exposed in a variety of ways. However the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials and those who worked in asbestos manufacturing or processing sites as well as those who lived near by are all included.

A lawyer will need to identify the exact circumstances under which the plaintiff was exposed to asbestos as the lawsuit proceeds. It is helpful to interview the individual or their family members during this process. This will help to establish the dates of exposure, the duration of the exposure and whether or whether it was continuous. The more information you are able to provide to your lawyer more likely you are of winning the case.

Some asbestos-related cases are the result of occupational exposure. Others have been exposed by the use of contaminated consumer products. Inhalation is the most frequent way to be exposed to asbestos, and is typically the reason for illness, but contact through the skin and eating seafood that has been contaminated can be routes of exposure.

Asbest can trigger a variety of illnesses that include mesothelioma, lung cancer and lesions of the pleura. Symptoms typically begin with a cough and shortness of breath. Other symptoms may include abdominal pain, fatigue and loss of appetite. Some people are exposed via the air to asbestos which is naturally occurring. The low levels of exposure to asbestos does not cause disease.

Asbest was utilized by a multitude of companies for their buildings and mining operations. These include construction, shipbuilding insulation, and producers of commercial and household products. 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 utilizes asbestos has had to deal with injuries related to the substance. The most at-risk employees, such as asbestos miner are the most likely to develop diseases linked to asbestos compensation. However those who have been exposed to other asbestos-related materials are also at risk. Due to the lengthy latency period, victims may not be diagnosed until the time of the death of their loved one or after they reach retirement age.

Developing a Database

The first step in the process of preparing an asbestos claim is gathering a comprehensive account of the exposure of the victim. This can include interviews with family members, coworkers as well as abatement workers and suppliers. In some instances it can take a number of years to complete this work. This is because a successful mesothelioma claim requires two essential elements of evidence in order to prove exposure and medical proof of the disease.

A mesothelioma lawyer may be able to assist by gaining access to proprietary databases of asbestos. These can be used to determine liable companies, employers and job sites. Mesothelioma attorneys can also review medical records to determine the type of mesothelioma the patient is suffering from as a result of their exposure to.

Once a lawyer confirms mesothelioma as a diagnosis they can begin building an asbestos case. This includes the timeline and employment history of the patient, as well as identifying any asbestos-containing product they worked with or around in their various positions.

This information is essential to a mesothelioma suit because asbestos exposure typically occurs over the course of many decades. It is difficult to identify a specific employer or company as the cause of the injury. A mesothelioma lawyer can use an asbestos database to help to identify possible defendants and construct a strong legal argument on behalf of their client.

In some cases, a person's mesothelioma may be the result of a combination of different asbestos-containing products. Asbestos lawyers may also make use of an asbestos product database recalls, which can be utilized by multiple manufacturers and work sites.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also file a claim against mesothelioma trust funds. Mesothelioma compensation from trust funds typically comes from the funds saved by bankruptcy asbestos companies.

When considering an asbestos lawsuit it is important to think about the financial implications on the victim's family. This is because mesothelioma can be fatal and the family of the victim is likely to suffer a significant loss of income. This can significantly increase the value of a mesothelioma case. A mesothelioma lawyer can ensure that the victim's financial losses are included in the legal claim.

Identifying Potential Defendants

It is essential to identify any defendants that may have contributed to an injury when filing an asbestos lawsuit. This can be done via interviews as well as a review of the purchase or construction records. Defense lawyers frequently deny they were responsible, and your lawyer will address these claims on your behalf. As the case progresses with expert witness investigations and examination of evidence, new defendants could be discovered and current defendants may be able to exonerate themselves.

Many asbestos lawsuits involve dozens of potential defendants. The reason is that asbestos lawsuits are extremely complex and the victims have suffered in a variety of ways because of asbestos exposure. Asbestos victims could have worked in a shipyard, and then moved to an oil refinery or a different type of industrial plant. Therefore, it is imperative that the victim's lawyer identify any potential defendants to help them pursue the maximum amount of damages permitted under the law of the state.

The lawyer for the plaintiff has to prove that the defendants were negligent. This can be accomplished through the four negligence elements which include the frequency of exposure and duration of exposure, proximity to the source of the exposure, and a deficiency of warnings regarding the asbestos-related health risk.

Numerous factors can complicate asbestos-related cases, including the long latency period of many asbestos-related diseases. This means that an asbestos-related illness, such as mesothelioma, could be discovered years after the last exposure to asbestos.

In these instances, the victim’s attorney may have to prove causality. This requirement is more difficult to prove, as it requires the plaintiff's doctor to establish a link between the defendants' negligence and the victim's condition.

The lawyers of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation (click here). Our lawyers are experienced in asbestos-related trials and have handled thousands of cases over duration of their careers. If you've been injured by exposure to asbestos, please contact us today to discuss your options for obtaining compensation.

Preparing for Trial

There are many different ways that families of victims can seek compensation for asbestos exposure, including trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining who is responsible and make a claim accordingly. The majority of asbestos compensation cases are founded on negligence, strict liability or breach of warranty. There are typically a lot of potential defendants involved in mesothelioma cases, and each state has its own rules on how responsibility is divided among several corporations.

A mesothelioma case begins with the discovery process which allows the parties involved in a case to find out information about each other. During the discovery process, attorneys from the plaintiffs and defendants' sides are able to ask each other questions (interrogatories) and demand asbestos litigation documents. Kazan Law helps clients gather relevant information and create a convincing case on their behalf. This includes determining the time and place where their loved ones were the first exposed to asbestos as well as any defendants who could be accountable.

After gathering the details, attorneys will prepare for trial. This may involve assembling expert witnesses, reviewing medical records, as well as gathering other evidence to support the claim. Trials can be a few days or months, depending on the circumstances. Fortunately, the majority of mesothelioma cases settle before trial dates.

To be able to prove their case, patients of mesothelioma should be prepared to appear in a deposition. During the deposition, lawyers ask questions under oath about their exposure to the disease and their medical history. It is important for the witness to be open about what they know and do not. For example the person who is unable to recall how they were exposed to asbestos or when it's not acceptable to guess or speculate.

In addition to testimony from mesothelioma sufferers, an experienced lawyer will also consult experts like asbestos and environmental specialists, toxicologists and life-care planners. This can help bolster the mesothelioma case of a client and increase the odds that a positive verdict will be reached at trial. A verdict in the favor of the asbestos victim can result in substantial settlement for funeral expenses, and other financial losses. In some states, victims could be eligible to receive additional damages for suffering and pain.