How to Prepare an Asbestos Case

A successful asbestos case involves the evidence that proves that a person suffered an injury because of exposure to an asbestos product. This often requires review of a person's employment history.

It is essential to know that an asbestos claim is a product liability claim. The plaintiff's attorney must prove that the defendant did not fulfill its duty of care.

Find out the source of exposure

Asbestos exposure can happen in many ways. The majority of asbestos-related claims relate to occupational exposure. This includes workers who handled raw asbestos materials, workers who worked at asbestos processing or manufacturing facilities and those who lived close to these facilities.

A lawyer must identify the exact circumstances under the case of exposure to 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 determine the dates, duration and whether the exposure was continuous. The more details you give your attorney, the better chance of winning the case.

While the vast majority of asbestos-related cases involve occupational 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 method of exposure to asbestos and is usually the reason for illness, but dermal contact and eating seafood that is contaminated can also be ways of exposure.

Asbest can cause several illnesses that include mesothelioma, lung cancer and Pleural lesions. Symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue and loss of appetite. Certain people are exposed through the air to asbestos that is naturally occurring. The small amounts of exposure do not cause disease.

A multitude of companies have used asbestos in their products, buildings as well as in mining operations. These include construction, shipbuilding insulation, manufacturers of commercial and household goods. Asbestos is found in drywall and some building materials. It was also employed in plumbing and electrical applications.

Workers have suffered injuries related to asbestos in almost every industry which uses the substance. Those in the most dangerous jobs, like asbestos miners are the most likely to contract asbestos-related ailments. Those who have been exposed asbestos-related dust or debris are also at risk. Because of the lengthy latency, victims may not be diagnosed until after the loved ones have passed away or they attain retirement age.

The process of creating the Database

The first step in creating an asbestos claim is to collect a complete record of the person's exposure. This could include interviews with family members, colleagues or abatement workers as well as suppliers. In some cases it can take years to complete this process. This is because a successful mesothelioma case will require two main pieces of evidence the proof of exposure as well as medical proof of disease.

A mesothelioma lawyer could assist by obtaining proprietary databases of asbestos. They can be used to find liable employers, companies and job websites. Additionally, mesothelioma lawyers can look over medical records of patients and determine what type of mesothelioma the patient has developed because of their exposure.

Once a lawyer has established a mesothelioma diagnosis and has been able to begin constructing an asbestos claim. This includes a timeline and employment history of the patient, in addition to identifying any asbestos-containing products they used or worked with in their various positions.

This information is crucial for a mesothelioma lawsuit because asbestos exposure typically occurs over the course of many decades. It is difficult to pinpoint a specific employer or company as the source of the condition. A mesothelioma attorney can use an asbestos database to find possible defendants and build a strong legal case for their client.

In some instances, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos lawyers can also make use of an asbestos recall database that can be used to track various manufacturers and job sites.

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

It is crucial to think about 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 victim's loved ones will suffer a significant loss of income. This can dramatically increase the value of a mesothelioma suit. A mesothelioma lawyer will make sure that the victim's financial losses are included in the legal claim.

Identifying Defendants who could be a potential defendant

When filing an asbestos lawsuit, it is essential to identify the defendants who may have contributed to the harm. This can be accomplished through interviews and a review of the purchase or construction records. Defendants often deny that they were responsible, and your lawyer will address these assertions on your behalf. As the case develops, through expert witness investigations and the examination of evidence, new defendants could be discovered and current defendants may be able to exonerate themselves.

Many asbestos lawsuits involve many potential defendants. The reason is that asbestos lawsuits are incredibly complex and the lives of victims were impacted in various ways through asbestos exposure at different places of work. For instance, an asbestos victim may have worked at an industrial shipyard before moving to work at an oil refinery or some other kind of industrial plant. It is therefore vital that the lawyer for the victim determine the potential defendants to assist the victim in attempting to seek the maximum amount of damages possible under state law.

The plaintiff's lawyer must prove that the defendants were negligent. 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 risk.

Many factors can complicate asbestos cases, including the long latency times of many asbestos-related illnesses. This means that an asbestos-related disease like mesothelioma could be discovered years after the last asbestos exposure.

In these cases, the victim's attorney will also need to present a showing of causality. This is a harder requirement to meet since it requires the plaintiff's doctor to establish a link between the defendant's negligence and the victim's health.

The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers are experienced in asbestos trials and have handled thousands of cases over the time of their careers. If you've been injured due to exposure to asbestos, contact us today to discuss your options for obtaining compensation.

Prepare for Trial

There are a myriad of ways victims and their families may seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma attorneys help clients determine who is liable for the asbestos exposure and file a suit according to. Asbestos cases are usually focused on negligence or strict liability. In mesothelioma cases, there are often a number of potential defendants. Each state has laws that govern how the responsibilities of multiple companies are divided.

A mesothelioma lawsuit begins with the discovery process, which allows the parties involved in the case to discover information about each other. During the discovery phase attorneys from both plaintiffs' and defendants' sides discuss each other's issues (interrogatories), and demand documents. Kazan Law assists clients in gathering relevant information in order to create a convincing case. This includes finding out the time and place where their loved ones were the first exposed to asbestos as well as any defendants who may be responsible.

Once they have this information, lawyers will begin preparing for trial. This can involve arranging experts, examining medical records, and gathering additional evidence to justify the claim. Depending on the circumstances trials can take days or months to conclude. Fortunately, the majority of mesothelioma cases can be settled prior to trial dates.

To prove their case, victims of mesothelioma must be ready to appear in a deposition. In a deposition will question the patient under swearing under oath about exposure and medical background. It is important to ensure that the witness is honest about what they have done and do not know. It is not acceptable for a witness to speculate or guess for example, if they can't recall how or when they were confronted.

An experienced lawyer does not just call mesothelioma victims but also experts such as asbestos and environmental specialists, life care planners and toxicologists. This can strengthen the client's mesothelioma claim 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 medical costs, funeral expenses and asbestos litigation other financial losses. In certain states, asbestos victims could be entitled to additional compensation for their pain and suffering.