How to Prepare an Asbestos Case

A successful asbestos case involves showing that an individual suffered an injury because of exposure to an asbestos-based product. This usually requires a review of a person's past work history.

It is important to be aware that an asbestos claim is a product liability claim. The plaintiff's lawyer must prove that the defendant did not fulfill its duty of care.

Determining the Source of Exposure

Asbestos can be contaminated in many different ways. The majority of asbestos-related lawsuits are due to occupational exposure. This includes those who handled asbestos attorney raw materials, those who worked at asbestos processing or manufacturing sites and those who lived near these facilities.

As the case progresses, an attorney must determine the exact circumstances in which the plaintiff was exposed to asbestos. In this process, it's often beneficial to interview the individual or his or their family. This will help determine the dates of exposure, the length of the exposure and whether or not it was continuous. The more information you provide to your lawyer the greater chance of winning the case.

Although the majority of asbestos-related cases involve work exposure however, some victims have had secondhand exposure and some have been exposed via products that are contaminated for consumption. Inhalation is the most common way to be exposed to asbestos, asbestos compensation and is typically the reason for illness, but contact with the skin and eating seafood that is contaminated could also be ways of exposure.

The toxic effects of asbestos can cause a variety of illnesses, including mesothelioma, lung cancer, and pleural plaques. 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 outdoor air and the resulting low levels of exposure seldom lead to illness.

A multitude of companies have used asbestos in their buildings, products as well as in mining operations. Construction, shipbuilding and insulators, as as manufacturers of household goods and commercial items, are all covered. Asbestos is found in some construction materials and drywall and it was utilized in a variety of plumbing and electrical installations.

Nearly every industry using asbestos has had injuries related to the material. People who work in the most hazardous jobs, such as asbestos miners, are the most likely to develop asbestos-related diseases. Those who have been exposed dust or debris that is asbestos-related are also at risk. Because of the long delay, some victims will not be diagnosed until after the passing of a loved one or they have reached retirement age.

Making a Database

The first step in making an asbestos claim is gathering a complete record of the victim's exposure. This may include interviews with coworkers and family members, abatement workers and other suppliers. In some cases it can take years to complete this work. This is because in order to be successful in a mesothelioma lawsuit, you need two evidence pieces.

A mesothelioma lawyer could assist by obtaining databases that are proprietary to Asbestos compensation. These databases are used to identify companies, employers and job sites that are accountable. Additionally, mesothelioma lawyers may review a patient's medical records and determine what kind of mesothelioma they have developed because of their exposure.

If a lawyer has confirmed a mesothelioma diagnose, they can start building an asbestos case. This will include a timeline of the patient's career and job history, as and identifying the asbestos-containing products they used and handled at various jobs.

This information is crucial for a mesothelioma suit since asbestos exposure can happen over the course of a number of years. This makes it difficult to pin down the specific company or employer accountable for the harm. A mesothelioma lawyer could use an asbestos database to help identify potential defendants and develop a solid legal case on behalf of their client.

In some instances mesothelioma is caused by a combination or different asbestos-containing products. Asbestos lawyers can also make use of an asbestos product recall database, which can be used to track 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. Mesothelioma compensation from trust funds usually comes from the funds put aside by bankruptcy asbestos companies.

When considering an asbestos lawsuit, it is essential to take into account the financial burden on the family of the victim. The reason is that mesothelioma is often fatal and the victim's loved ones will be impacted by a substantial loss of income. This can significantly increase the value of a mesothelioma suit. A knowledgeable mesothelioma attorney can ensure 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 any defendants who may be a factor in causing injury when filing an asbestos lawsuit. This can be done via interviews and a review of documents related to construction or purchase orders. Defense lawyers often deny that they were accountable, and your lawyer will counter these assertions on your behalf. As the case progresses, with expert witness investigations and the examination of evidence, new defendants could be discovered and current defendants could be able to exonerate themselves.

Many asbestos lawsuits include many potential defendants. The reason for this is because asbestos cases are extremely complex and the victims' lives were impacted in different ways by asbestos exposure at various workplaces. Asbestos victims may have worked in a shipyard, then transferred to an oil refinery or another type of industrial plant. It is therefore essential that the attorney representing the victim identify the possible defendants to help seek the maximum amount of damages possible under the state's laws.

The lawyer for the plaintiff has to prove that the defendants were negligent. This can be done by proving the four negligence elements that include frequency of exposure and duration of exposure, proximity to the source of exposure, and the absence of warnings concerning the asbestos-related health risks.

Many factors can exacerbate an asbestos-related situation, including the lengthy latency period of many asbestos-related diseases. This means that someone could be diagnosed with a condition like mesothelioma for a long time after their last asbestos exposure.

In these situations the lawyer for the victim might be required to prove the causality. This element is more difficult to meet since it requires that the plaintiff's physician establish a link between the defendant's negligence and the victim's condition.

The attorneys of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers have experience in asbestos-related trials and have handled thousands of cases over course of their careers. If you've suffered an injury through exposure to asbestos, please contact us today to discuss your options to recover compensation.

Preparing for Trial

There are numerous ways victims and their families can claim compensation for asbestos exposure, including lawsuits and trust fund claims. Mesothelioma lawyers help clients determine who is responsible for asbestos exposure and file suit accordingly. Asbestos cases usually are focused on negligence or strict liability. In mesothelioma lawsuits, there are usually a variety of potential defendants. Each state has laws governing the way in which the responsibilities of several companies are apportioned.

The discovery process is the primary stage in a mesothelioma case. It allows the parties to learn more about one another. During the discovery process, attorneys for the plaintiffs and defendants will ask questions (interrogatories) and request documents from one another. Kazan Law assists clients in gathering the relevant information needed to build a solid case for them. This includes determining where and when their loved ones have been exposed to asbestos, as well as the names of any defendants who could be accountable.

After obtaining the details, attorneys will prepare for trial. This may include setting up expert witnesses, examining medical records, and gathering other evidence to justify the claim. Trials can be a few days or months, depending on the circumstances. Fortunately, the majority mesothelioma cases can be settled prior to trial dates.

To prove their case, mesothelioma patients must be prepared to give evidence at a deposition. In the deposition, attorneys will ask questions under oath to the victim about their exposure and medical background. It is important for the witness to be transparent about what they know and don't. It is not acceptable for witnesses to speculate or guess, for example, if they can't recall how or when they were found out.

In addition to testimony from mesothelioma sufferers, an experienced lawyer may also seek out experts such as environmental and asbestos specialists, toxicologists and life-care planners. This can help strengthen the mesothelioma claim of a client and increase the odds that a positive verdict will be made in the trial. A decision in the asbestos victim's favor can result in substantial compensation for medical expenses, funeral expenses, and other financial loss. In some states, asbestos victims may be entitled to additional compensation for their pain and suffering.