How to Prepare an Asbestos Case

A successful asbestos claim involves proving that a person suffered an injury as a result of exposure to an asbestos product. This usually involves a review of a person's work background.

It is crucial to understand that asbestos claims are product liability claim. The lawyer representing the plaintiff must prove that defendant violated its duty of diligence.

Determine the source of exposure

Asbestos exposure can occur in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. This includes workers who handled asbestos raw materials, employees employed at asbestos processing or manufacturing facilities and those who lived near these facilities.

A lawyer will need to determine the exact circumstances in the case of exposure to asbestos during the course of the lawsuit. It is helpful to interview either the person or their loved ones during this process. This will help to establish the dates of exposure, the time of exposure and whether or it was continuous. The more details that is available to the attorney, the more successful the trial could be.

Some asbestos-related diseases are due to occupational exposure. Others were exposed through contamination of consumer products. Inhalation is the most frequent route of exposure to asbestos, and is typically the cause of illness, however contact with the skin and eating seafood that is contaminated can also be ways of exposure.

The toxic effects of asbestos can result in several types of diseases, including mesothelioma, lung cancer and plaques in the pleura. Symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and loss of appetite. Some people are exposed by the air to asbestos which is naturally occurring. The low levels of exposure to asbestos does not cause disease.

Hundreds of companies have used asbestos in their products, buildings as well as in mining operations. Shipbuilding, construction and insulators, as well as manufacturers of household products as well as commercial products, are all covered. Asbestos is present in drywall and some building materials. It was also used in electrical and plumbing applications.

Nearly every industry that utilizes asbestos has had injuries related to the material. Workers in the most hazardous jobs, like asbestos miners, are the most likely to suffer from asbestos-related illnesses. However those who have been exposed to other asbestos-related materials are also at risk. Because of the lengthy latency that asbestos-related diseases cause, patients may not be diagnosed until after their loved ones have passed away or they reach retirement age.

Developing the Database

The first step to the preparation of an asbestos claim is gathering a complete record of the exposure. This may include interviews with coworkers, family or abatement workers as well as suppliers. This process can take many years in certain instances. This is because, to be successful in a mesothelioma situation you require two pieces of evidence.

A mesothelioma attorney can help by accessing proprietary asbestos databases. They can be used to identify liable companies, employers and job websites. Additionally, mesothelioma lawyers may look over medical records of patients and determine what kind of mesothelioma the patient has developed because of their exposure.

Once a lawyer has confirmed a mesothelioma diagnosis the lawyer can begin to build an asbestos claim. This will include a timeline and employment history of the patient, along with identifying any asbestos-containing products they worked with or around during their various roles.

This information is vital in a mesothelioma lawsuit since asbestos exposure can occur over the course of many decades. It is difficult to identify a specific company or company that is the cause of the disease. A mesothelioma attorney can use an asbestos data base to find possible defendants and then build a strong legal case for their client.

In some cases, a person's mesothelioma may have been caused by the combination of several asbestos-containing products. Asbestos attorneys can also use an asbestos database that contains asbestos product recalls that can be used by a variety of manufacturers and work sites.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also claim compensation from a mesothelioma fund. Mesothelioma compensation from trust funds usually is derived from funds set aside by bankrupt asbestos companies.

If you are considering a lawsuit against asbestos, it is essential to consider the financial impact on the family of the victim. The reason is that mesothelioma often kills and loved ones of the victim will suffer a significant loss of income. This can greatly increase the value of a mesothelioma suit. An experienced mesothelioma attorney will make sure that all of the economic losses suffered by the victim are considered and included in their legal claims.

Identifying potential defendants

It is crucial to determine the defendants who might have contributed to the injury when making an asbestos lawsuit. This can be done by interviews, as well as through a review of construction records or purchase invoices. Your lawyer will answer the claims for you, even if the defendants say they don't believe they are accountable. As the case progresses through expert witness investigations and the review of evidence, new defendants might be discovered, and existing defendants may be able exonerate themselves.

Many asbestos lawsuits involve a myriad of potential defendants. The reason for this is because asbestos lawsuits are incredibly complex and the lives of the victims were affected in a variety of ways by asbestos exposure in various places of work. Asbestos victims may have worked in a shipyard, mesothelioma attorney and then moved to an oil refinery, Mesothelioma attorney or another type of industrial plant. Therefore, it is essential that the victim's lawyer identify all possible defendants to help them pursue the maximum damages available under the law of the state.

The lawyer for the plaintiff has to prove that the defendants acted negligently. This can be accomplished by proving the four elements of negligence: frequency of exposure (duration of exposure) proximity to the source, and absence of warnings regarding the asbestos-related risk.

Many factors can cause problems in asbestos cases, such as the long latency period of many asbestos-related illnesses. This means that an asbestos-related illness like mesothelioma can be diagnosed many years after the last exposure to asbestos.

In these situations the lawyer for the victim might be required to prove the causality. This is a difficult requirement to prove because the plaintiff's doctor has to prove a connection between the defendants negligence and the victim’s illness.

The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers have extensive experience in asbestos-related trials and have handled thousands of cases over time of their careers. Please contact us to discuss your options if you have been injured as a result of asbestos exposure.

Preparing for Trial

There are a myriad of ways victims and their families can seek compensation for asbestos exposure. These include lawsuits as well as trust funds. Mesothelioma lawyers assist clients in determining who is accountable for the asbestos exposure and file a suit accordingly. Most asbestos cases are based on negligence, strict liability or breach of warranty. In mesothelioma cases there are usually a variety of potential defendants. Each state has laws that govern how the responsibilities and responsibilities of different businesses are split.

A mesothelioma suit begins with the discovery process which allows the parties involved in a case to find out details about each other. During the discovery process attorneys for plaintiffs and defendants ask questions (interrogatories) and request documents from each other. Kazan Law assists clients in gathering relevant information to build a convincing case. This includes determining where and when their loved ones were exposed to asbestos, as well as the names of any defendants that may be responsible.

After obtaining this information lawyers will begin preparing for trial. This may include setting up experts, examining medical records, and gathering other evidence to justify the claim. Depending on the circumstances trials can take weeks or even months to conclude. Fortunately, most mesothelioma cases can be settled prior to trial dates.

In order to demonstrate their case, mesothelioma victims must be prepared for a deposition. During the deposition, attorneys ask questions under oath to the victim about their exposure as well as their medical background. It is essential for the witness to be open about what they know and do not. It is not acceptable for a witness to guess or speculate, for example, if they don't remember the exact time or date they were confronted.

In addition to testimony from mesothelioma patients, an experienced lawyer will also consult experts like environmental and asbestos specialists as well as toxicologists and life-care planners. This can strengthen the client's case for mesothelioma and increase the likelihood that a positive verdict will be made during trial. A verdict in the favor of the asbestos lawyer victim can result in substantial settlement for medical expenses, funeral expenses, and other financial loss. In certain states, asbestos victims could be entitled to additional damages for their pain and suffering.