How to Prepare an Asbestos Case

A successful asbestos case is the proof that a person sustained an injury due to exposure to an asbestos-based product. This usually involves looking over a person's past work history.

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 duty 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, those who worked in asbestos manufacturing or processing sites and those who lived nearby are all included.

A lawyer must determine the exact circumstances under which the plaintiff was exposed asbestos in the course of pursuing the suit. It is helpful to interview the individual or their family members during the process. This can help establish the dates of exposure, as well as the duration of exposure and whether or it was continuous. The more information you are able to give your attorney the better chance you have of winning the case.

Although the majority of asbestos-related cases involve work exposure, some victims have experienced exposure to asbestos through the air and have been exposed via products for consumers that contain asbestos. Inhalation is by far the most popular way to be exposed to asbestos and is often the cause of illness. However, dermal contact and eating seafood that has been contaminated can be sources of exposure.

Asbest can trigger various illnesses including mesothelioma, lung cancer, and the pleural lesions. Symptoms usually begin with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue and loss of appetite. Certain people are exposed through the air to asbestos that is naturally occurring. The low levels of exposure do not cause disease.

Asbest was employed by a variety of companies in their building, products and mining operations. Shipbuilding, construction and insulators, as as manufacturers of household items and commercial products are all covered. Asbestos is present in drywall and other building materials. It was also used in plumbing and electrical applications.

Nearly every industry using asbestos has suffered injuries related to the material. Workers in the most hazardous jobs, like asbestos miners, are more likely to contract asbestos-related ailments. Anyone who has been exposed to dust or debris that is asbestos-related are also at risk. Due to the lengthy delay, some victims will not be diagnosed until after the passing of a loved one, or they have reached retirement age.

Making an Database

The first step in preparing an asbestos claim is to gather all the details of the victim’s exposure. This could include interviews with coworkers as well as family members, abatement workers and suppliers. In some cases it can take a number of years to complete this task. This is because a successful mesothelioma case requires two key elements of evidence that prove exposure and medical proof of disease.

A mesothelioma lawyer can help by accessing asbestos databases owned by the company. These databases can be used to identify companies, employers, and job sites that may be liable. In addition, mesothelioma lawyers are able to look over a patient's medical record and determine the type of mesothelioma the patient has developed as a result of their exposure.

Once a lawyer is able to confirm a mesothelioma diagnosis the lawyer can begin to build an asbestos claim. This will include a timeline and a history of employment of the patient, along with identifying any asbestos-containing products that they worked with or around in different jobs.

This information is essential for mesothelioma lawsuits because asbestos exposure can occur over a long period of time. It is difficult to determine a specific employer or company as the cause of the condition. A mesothelioma lawyer could use an asbestos database to help identify possible defendants and build an effective legal case on behalf of their client.

In certain cases mesothelioma can result by a combination of asbestos-containing products. Asbestos attorneys can also use a database of asbestos product recalls, which can be used by a variety of companies and work sites.

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

It is crucial to think about the financial implications of a lawsuit involving asbestos on the victim's loved ones. The reason for this is because mesothelioma is usually fatal and the family members of the victim will be impacted by a substantial loss of income. This could increase the value of mesothelioma claims. A mesothelioma lawyer will ensure that the financial losses of the victim are included in the legal claim.

Identifying Defendants who could be a potential defendant

When you file an asbestos lawsuit it is crucial to determine all defendants who could have contributed to the harm. This can be accomplished by conducting interviews and examining invoices or construction records. Your lawyer will address the claims for you, if the defendants deny they are accountable. As the case progresses with expert witness investigations and examination of evidence, new defendants may be discovered and current defendants could be able to exonerate themselves.

Many asbestos lawsuits have dozens of potential defendants. The reason is that asbestos lawsuits are incredibly complex and the lives of victims were impacted in different ways by asbestos exposure in various places of work. For example an asbestos-related victim could have worked in a shipyard and then went to work for an oil refinery or other type of industrial plant. It is therefore essential that the lawyer for the victim determine any potential defendants to help him or her pursue the maximum amount of compensation allowed by the law of the state.

The attorney for the plaintiff must demonstrate that the defendants were negligent. This can be done by showing the four elements of negligence such as the frequency of exposure (duration of exposure), proximity to the source and lack of warnings about the asbestos-related risk.

Many factors can complicate asbestos-related cases, including the long latency periods of many asbestos-related diseases. This means that an asbestos-related condition like mesothelioma could be diagnosed years after the last exposure to asbestos.

In these cases the lawyer for the victim might need to prove causation. This is a difficult requirement to meet because the plaintiff's physician must establish a connection between the defendants negligence and the illness of the victim.

Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers have experience in asbestos litigation and have handled thousands of cases over the course of their careers. Contact us today to discuss your options if you have suffered injuries as a result of asbestos exposure.

Preparing for trial

There are many ways that family members and victims can seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma lawyers assist clients in determining which defendants are liable and pursue suit accordingly. Typically, asbestos cases are caused by negligence, strict liability, or breach of warranty. In mesothelioma-related cases, there are often a number of potential defendants. Each state has laws that regulate the way in which the responsibilities of several corporations are divided.

The discovery process is the first step in a mesothelioma suit. It allows the parties to know more about each other. In the discovery phase, attorneys from the plaintiffs and defendants' sides ask each other questions (interrogatories) and request documents. Kazan Law helps clients gather relevant information and build an effective case on their behalf. This includes determining the time and place where their loved ones were the first exposed to asbestos, as and any defendants who could be accountable.

Once they have the details, attorneys will prepare for trial. This may include setting up experts as witnesses, reviewing medical records and assembling other evidence to prove the claim. Based on the circumstances, trials can take days or months to complete. Fortunately, the majority of mesothelioma lawsuits are settled prior to trial dates.

To be able to prove their case, patients of mesothelioma must be ready to testify in deposition. In a deposition attorney will question the victim under swearing under oath about exposure and medical background. It is important for the witness to be honest about what they know and don't. It is not acceptable for a witness to speculate or guess, for example, if they cannot remember what happened or when they were questioned.

A lawyer with experience will not only call on a mesothelioma victim as well as experts such as asbestos and environmental specialists, toxicologists and life care planners. This can aid in the defense of the client's mesothelioma claim and increase the probability of a favorable result at trial. A verdict in favor of the asbestos victim could result in a substantial amount of compensation to pay for medical costs, funeral costs and other financial losses. In some states, asbestos victims may be entitled to additional compensation for their pain and suffering.