How to Prepare an Asbestos Case

A successful asbestos case involves showing that an individual suffered an injury from exposure to asbestos products. This often requires reviewing a person's work history.

It is important to be aware that asbestos claims are product liability claim. The plaintiff's attorney must prove that the defendant did not fulfill its obligation of care.

Determining the Source of Exposure

Asbestos exposure can happen in a variety of ways. The majority of asbestos-related claims relate to occupational exposure. Workers who handled asbestos raw materials as well as those working in asbestos processing or manufacturing sites and those who resided near to asbestos sites are all covered.

A lawyer must determine the exact circumstances in which the plaintiff was exposed to asbestos while pursuing the case. It is beneficial to interview either the person or their family members during the process. This helps establish the dates, the duration and whether the exposure was continuous. The more information you are able to give to your attorney the better chance you have of winning the case.

While the majority of asbestos-related incidents involve occupational exposure but some victims have also experienced exposure from secondhand sources, and some were exposed through products that are contaminated for consumption. Inhalation is by far the most popular route of exposure to asbestos, and is typically what causes illness, but contact through the skin and eating seafood that is contaminated can also be routes of exposure.

The toxicity of asbestos may result in a variety of illnesses, such as mesothelioma, lung cancer, and pleural plaques. Symptoms usually begin with breathing problems and coughing. Other symptoms can include abdominal pain, fatigue or loss of appetite. Some people are exposed via the air to asbestos which is naturally occurring. The small amounts of exposure to asbestos do not cause illness.

Asbest was used by hundreds of companies for their buildings products, mining operations, asbestos case and other facilities. These include construction, shipbuilding insulation, manufacturers of commercial and household goods. Asbestos is present in drywall and some building materials. It was also used in electrical and plumbing applications.

Workers have suffered asbestos-related injuries in almost every industry which uses the substance. Workers in the most hazardous jobs, such as asbestos miners, are more likely to suffer from asbestos-related illnesses. However those who have been exposed to other asbestos-related debris are also at risk. Because of the long time lag that asbestos-related diseases cause, patients may not be diagnosed until after their loved ones have passed away or they reach retirement age.

Making a Database

The first step in creating an asbestos case is making a complete record of the victim's exposure. This could include interviews with coworkers and family members, the abatement team and suppliers. In certain cases it could take a long time to complete this work. This is because a successful mesothelioma case requires two primary pieces of evidence: proof of exposure and medical proof of disease.

A mesothelioma lawyer may be able to assist by accessing proprietary databases of asbestos. These databases can be used to identify responsible companies, employers and job sites. Mesothelioma attorneys may also look through medical documents to determine the kind of mesothelioma the patient has developed as a result of their exposure to.

Once a lawyer has established the diagnosis of mesothelioma they can then begin the process of constructing an asbestos claim. This will include a timeline of the patient's career as well as employment history, as in identifying any asbestos-containing products they handled and used in their various jobs.

This information is vital for a mesothelioma lawsuit because asbestos exposure can occur over the course of many decades. It is difficult to identify a specific company or company as the cause of the injury. A mesothelioma lawyer can use an asbestos data base to determine potential defendants and then build a strong legal case for their client.

In certain cases mesothelioma is caused by a combination of asbestos-containing products. Asbestos lawyers can also make use of an asbestos product database recalls, which could be used by a variety of companies and work places.

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

It is important to consider the financial implications of an asbestos lawsuit on the victim's loved ones. The reason for this is because mesothelioma is often fatal and the loved ones of the victim will suffer a significant loss of income. This could boost the value of mesothelioma claim. A mesothelioma lawyer who is experienced will ensure that all of the financial losses suffered by the victim are considered and incorporated into their legal claims.

Identifying Defendants who could be a potential defendant

It is essential to identify any defendants who could have contributed to the injury when filing an asbestos lawsuit. This can be done by conducting interviews and reviewing construction records or invoices. Your lawyer will investigate the claims for you, even if the defendants say they don't believe they are responsible. As the case progresses, with investigation of expert witnesses and the examination of evidence, new defendants could be discovered and current defendants could be able to exonerate themselves.

Many asbestos lawsuits contain numerous potential defendants. The reason is that asbestos cases are extremely complex and the victims' lives were impacted in different ways due to asbestos exposure at various workplaces. For example an asbestos victim might have worked in an industrial shipyard before moving to work at an oil refinery or some other type of industrial plant. It is therefore essential that the victim's attorney identify any potential defendants to help him or she obtain the maximum amount of compensation available under the state's laws.

The attorney representing the plaintiff must prove that the defendants were negligent. This is done 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 exacerbate the asbestos case, for example the long latency time of various asbestos-related diseases. This means that an individual could be diagnosed with a condition such as mesothelioma many years after the last asbestos exposure.

In these cases, the attorney representing the victim could also be required to make a case of causation. This element is more difficult to prove, as it requires that the plaintiff's physician establish a causal link between defendants' negligence and the victim's illness.

Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers have handled a multitude of cases throughout their careers and are experienced in asbestos litigation. If you've suffered an injury due to exposure to asbestos, call us today to discuss your options to recover compensation.

Preparing for the Trial

There are numerous ways in which families and victims can claim compensation for asbestos exposure, including trust fund claims and lawsuits. Mesothelioma lawyers help clients determine who is responsible for asbestos exposure and file suit according to. Asbestos cases usually are dependent on negligence or strict liability. There are a variety of potential defendants involved in mesothelioma-related litigation and each state has its own rules regarding how responsibilities are shared across multiple companies.

The discovery process is the first step in a mesothelioma lawsuit. It allows the parties to find out more about each other. During the discovery stage attorneys from both plaintiffs and defendants' side ask each other questions (interrogatories), and request documents. Kazan Law helps clients gather relevant information and create a strong case on their behalf. This includes determining the location and when their loved ones have been exposed to asbestos, as well as the names of any defendants who could be accountable.

After obtaining this information lawyers will begin preparing for trial. This can include assembling expert witnesses, reviewing medical records, and gathering other evidence in support of the claim. Trials can take days or months depending on the circumstances. Fortunately, the majority of mesothelioma cases can be settled prior to trial dates.

To demonstrate their case, sufferers of mesothelioma should be prepared to appear in deposition. During a deposition, attorneys will ask the victim under oath about their exposure and medical history. It is crucial for witnesses to be truthful about what they know and do not. For example, if a person cannot remember how they were exposed to asbestos, or asbestos case when, it is not acceptable to guess or speculate.

An experienced lawyer does not just call a mesothelioma victim as well as experts such as asbestos and environmental specialists as well as toxicologists and life-care planners. This can strengthen the mesothelioma case of the client and increase the odds of a favorable outcome at trial. A verdict in favor of the asbestos victim may result in a substantial amount of compensation to pay for funeral costs, and other financial loss. In some states, the victims may be entitled to additional damages for suffering and pain.