How to Prepare an Asbestos Case

A successful asbestos case requires the proof that a person sustained an injury due to exposure to an asbestos product. This usually requires a thorough review of the person's previous work history.

It is important to know 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.

Find out the source of exposure

Asbestos exposure can occur in a variety of ways. However the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials as well as those working in asbestos manufacturing or processing sites and those who resided nearby are all included.

As the case progresses, lawyers must establish the exact circumstances that led to the plaintiff was exposed to asbestos. It is helpful to interview either the individual or their loved ones during this process. This will help determine the dates of exposure, as well as the duration of the exposure and whether or not 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 diseases are due to occupational exposure. Others have been exposed due to contamination of consumer products. Inhalation of asbestos is the most common way to be exposed and generally causes an illness. However, contact with the skin or eating seafood contaminated by the toxins are also ways to be exposed.

The toxic effects of asbestos can cause various types of illnesses, including mesothelioma, lung cancer, and pleural plaques. Symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue or loss of appetite. Some people are exposed through the air to asbestos that is naturally occurring. The low levels of exposure to asbestos do not cause illness.

Asbest was utilized by a multitude of businesses in their construction as well as in mining operations and products. This includes shipbuilding, construction insulation, manufacturers of commercial and household goods. Asbestos is present in drywall and some building materials. It was also utilized in plumbing and electrical applications.

Workers have suffered injuries related to asbestos in almost every industry that makes use of the material. Those in the most dangerous jobs, like asbestos miners, are most likely to suffer from asbestos-related illnesses. However, those who have been exposed to other asbestos-related particles are also at risk. Due to the lengthy latency period, victims may not be diagnosed until after the death of a loved one, or they have reached retirement age.

Developing a Database

The first step in the process of preparing an asbestos claim is gathering a comprehensive document of the victim's exposure. This could include interviews with relatives, coworkers or abatement workers as well as suppliers. In some cases it can take a number of years to complete this task. This is because a mesothelioma-related claim that is successful will require two main pieces of evidence in order to prove exposure and medical proof of disease.

A mesothelioma lawyer can assist by obtaining databases that are proprietary to asbestos. These databases can be used to find employers, companies and job sites that may be liable. Mesothelioma lawyers can also look over medical records to determine the type of mesothelioma which a patient has developed as a consequence of their exposure to.

After a lawyer has confirmed a mesothelioma diagnosis, they can begin building an asbestos claim. This includes a timeline of the patient's career as well as employment history, as well as identifying all asbestos-containing products they used and handled in various positions.

This information is essential to mesothelioma cases because asbestos exposure can occur over a period of years. It is difficult to identify a specific company or company that is the cause of the disease. A mesothelioma lawyer could use an asbestos database to identify possible defendants, and then build an argument that is legally strong for their client.

In certain cases mesothelioma in a person's body could have been caused by an amalgamation of asbestos-containing products. Asbestos lawyers may also make use of the database of asbestos-containing product 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. They can also claim compensation from a mesothelioma fund. Mesothelioma compensation from trust funds typically comes from money that was set aside by bankruptcy asbestos companies.

When considering an asbestos lawsuit it is crucial to take into account the financial burden on the victim's family. This is because mesothelioma could be fatal and the family of the victim will likely be faced with a significant loss of income. This can significantly increase the value of a mesothelioma suit. An experienced mesothelioma lawyer will ensure that the victim's economic losses are considered and incorporated into their legal claims.

Identifying Potential Defendants

It is important to identify any defendants who could have caused injury when filing an asbestos lawsuit. This can be done via interviews and a look at documents related to construction or purchase orders. Your lawyer will address these claims on your behalf if the defendants deny they are accountable. As the case progresses with expert witness investigations and review of evidence, new defendants can be identified, or existing defendants may be able to exonerate themselves.

Many asbestos lawsuits involve a myriad of potential defendants. This is because asbestos lawsuits are complex, and victims have suffered in a variety of ways because of asbestos exposure. Asbestos victims may have worked in a shipyard and then moved to an oil refinery or another kind of industrial plant. It is therefore essential that the lawyer for the victim determine the possible defendants to assist him or her seek the maximum amount of damages that are available under the state's laws.

The plaintiff's attorney must prove that the defendants acted negligently. This can be accomplished by showing the four elements of negligence that include the frequency of exposure (duration of exposure) proximity to the source, and lack of warnings about the asbestos-related danger.

There are many factors that can cause complications in an asbestos-related case, such as the lengthy latency period of various asbestos-related diseases. This means that an individual could be diagnosed with a disease like mesothelioma for a long time after the last asbestos exposure.

In these situations the attorney representing the victim could need to prove causality. This is a harder requirement to meet since it requires that the plaintiff's doctor establish a link between the defendants' negligence and the victim's illness.

The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers have handled a multitude of cases throughout their careers and are experts in asbestos litigation. Contact us today to discuss your options if you have been injured as a result of asbestos exposure.

Preparing for Trial

There are many ways that victims and their families could seek compensation for asbestos exposure. These include lawsuits as well as trust funds. Mesothelioma attorneys help clients determine who is accountable for the asbestos exposure and file a suit according to. Asbestos lawsuits are typically dependent on negligence or strict liability. There are usually many potential defendants in mesothelioma litigation, and each state has its own laws on how responsibilities are divided across multiple businesses.

The discovery process is the first step in a mesothelioma suit. It lets the parties learn more about each other. During the discovery process attorneys from the plaintiffs' and defendants' sides discuss each other's issues (interrogatories), and request documents. Kazan Law assists clients in collecting relevant information to create a strong case for them. This includes finding out the date and location where their loved ones were the first exposed to asbestos as and any defendants who may be responsible.

After gathering this information, lawyers will begin preparing for asbestos trial. This can include setting up experts as witnesses, reviewing medical records and assembling other evidence to prove the claim. Depending on the circumstances trials can take days or asbestos months to complete. Fortunately, most mesothelioma cases can be settled prior to trial dates.

To establish their case, mesothelioma patients must be prepared to testify in a deposition. In a deposition attorney will question the patient under the oath regarding their exposure and medical history. It is important that the witness is truthful about what they know and do not know. It is not acceptable for a witness to speculate or guess, for example, if they are unable to remember what happened or when they were found out.

An experienced lawyer will not just consult mesothelioma sufferers as well as experts such as asbestos and environmental specialists, life care planners and toxicologists. This can help strengthen the mesothelioma claim of a client and increase the odds that a favorable verdict will be reached at trial. A verdict in favor of the asbestos victim can result in a substantial settlement to pay for medical expenses, funeral costs, and other financial losses. In some states, asbestos victims may be entitled to additional damages for their pain and suffering.