How to Prepare an Asbestos Case

A successful asbestos case requires the evidence that proves that a person suffered an injury because of exposure to asbestos products. This usually involves a 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 acted in breach of its duty of care.

Find out the source of exposure

Asbestos is a substance that can be exposed in many different ways. However, the majority of asbestos-related claims involve occupational exposure. This includes those who handled asbestos raw materials, workers who worked at manufacturing or processing sites for asbestos and those who resided near these facilities.

As the lawsuit develops, lawyers must establish the exact circumstances in which the plaintiff was exposed to asbestos. In this process, it's typically beneficial to conduct an interview with the individual or his/her relatives. This will help to establish the dates of exposure, as well as the duration of the exposure and whether or whether it was continuous. The more details that is provided to the attorney the more successful the case may be.

While the majority of asbestos-related incidents involve occupational exposure but some victims have also experienced exposure to asbestos through the air and have been exposed through contaminated consumer products. Inhalation of asbestos is the most common way to be exposed and usually causes illness. However, contact with the skin or eating contaminated seafood are also ways to be exposed.

The toxic effects of asbestos can result in several types of illnesses, such as mesothelioma, lung cancer and plaques in the pleura. The symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and a decrease in appetite. Certain people are exposed to naturally occurring asbestos in the air outside and the resulting lower levels of exposure seldom lead to disease.

Asbest was employed by a variety of companies in their building, products and mining operations. These include construction, shipbuilding insulation, manufacturers of commercial and household goods. Asbestos is found in some construction materials and drywall and was used in various plumbing and electrical systems.

Workers have suffered injuries related to asbestos in almost every industry that makes use of the material. The most hazardous jobs, like asbestos miners, are more likely to develop asbestos-related diseases. Those who have been exposed dust or debris that is asbestos-related are also at risk. Due to the lengthy delay, some victims will not be diagnosed until the time of the death of their loved one or they have reached retirement age.

Making an Database

The first step in creating an asbestos case is gathering a comprehensive record of the victim's exposure. This may include interviews with co-workers or family members, asbestos contractors and abatement workers. In certain cases it can take a number of years to complete this task. This is because, to be successful in a mesothelioma cancer case there are two pieces of evidence.

A mesothelioma lawyer can help by gaining access to proprietary databases of asbestos. These databases can be used to identify employers, companies and job sites that may be liable. In addition, mesothelioma lawyers are able to look over a patient's medical record and determine what type of mesothelioma has developed as a result of their exposure.

Once a lawyer is able to confirm mesothelioma is the diagnosis and has been able to begin constructing an asbestos claim. This will include a chronological account of the patient's career as well as work history, as well and identifying the asbestos-containing products they handled and worked around in various positions.

This information is vital for a mesothelioma case as asbestos exposure can occur over a time period of. This makes it difficult to pinpoint the specific company or employer responsible for the injuries. A mesothelioma lawyer can use an asbestos database to identify potential defendants and develop an effective legal argument on behalf of their client.

In some cases mesothelioma in a person's body could be the result of the combination of several asbestos-containing products. Asbestos lawyers also have access to an asbestos recall database that can be used to track different manufacturers and job locations.

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. Trust funds are usually used to compensate mesothelioma survivors. These funds are usually set aside by asbestos firms which have gone bankrupt.

In the event of pursuing an asbestos lawsuit it is important to consider the financial impact on the victim's family. The reason for this is because mesothelioma often kills and the victim's loved ones will be impacted by a substantial loss of income. This can significantly increase the value of a mesothelioma lawsuit. An experienced mesothelioma lawyer will ensure that every one of the economic losses suffered by the victim are considered and included in their legal claims.

Identifying Potential Defendants

It is important to identify any defendants that may have contributed to the injury when making an asbestos lawsuit. This can be done by conducting interviews, and then reviewing the construction records and 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 through expert witness investigations and review of evidence the possibility of new defendants being identified or defendants who are already in the case may be able exonerate themselves.

Many asbestos lawsuits contain numerous potential defendants. This is because asbestos lawsuits are incredibly complex, and victims suffer in a variety of ways because of asbestos exposure. Asbestos victims could have worked in a shipyard and then moved to an oil refinery, or another type of industrial plant. It is therefore vital that the attorney for the victim be aware of the potential defendants to assist the victim in attempting to seek the maximum amount of damages available under the state's laws.

The plaintiff's lawyer must prove that defendants were negligent. This is done 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 compensation-related danger.

There are many factors that can cause complications in the asbestos case, for example the long latency time of many asbestos-related ailments. This means that an asbestos-related disease, such as mesothelioma, could be diagnosed years after the last exposure to asbestos.

In these situations the attorney for the victim may have to prove causality. This element is more difficult to satisfy, mesothelioma lawsuit since it requires the plaintiff's doctor to establish a connection between defendant's negligence as well as the victim's illness.

Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our attorneys have handled a variety of cases in their careers and are experienced in asbestos litigation. If you've been injured from exposure to asbestos please contact us today to discuss your options to recover compensation.

Prepare for Trial

There are several different ways victims and their families can seek compensation for asbestos exposure, including lawsuits and trust fund claims. Mesothelioma lawyers assist clients in determining which defendants are accountable and make a claim accordingly. Typically, asbestos cases are based on negligence, strict liability, or breach of warranty. There are usually many potential defendants involved in mesothelioma-related litigation and every state has its own laws on how responsibilities are divided between multiple companies.

The discovery process is the primary step in a mesothelioma lawsuit. It allows the parties to know more about each other. During the discovery stage, attorneys for the plaintiffs and defendants are asked questions (interrogatories) and solicit documents from one another. Kazan Law assists clients in gathering the relevant information needed to build a convincing case. This includes finding out where and when their loved ones have been exposed to asbestos, and the names of any defendants who could be responsible.

Once they have the information, attorneys will prepare for trial. This may include setting up expert witnesses, examining medical records and gathering other evidence to support the claim. According to the circumstances, trials may take a couple of days or months to complete. Fortunately, the majority of mesothelioma lawsuits are settled prior to trial dates.

In order to establish their case, mesothelioma victims must be prepared for deposition. In a deposition will question the patient under the oath regarding their exposure and medical background. It is crucial for witnesses to be truthful about what they know and do not. For instance If a person can't remember how they were exposed to asbestos, or when, it is not acceptable to speculate or guess.

In addition to testimony from mesothelioma survivors, an experienced lawyer will also call on experts such as asbestos and environmental specialists, toxicologists and life-care planners. This can strengthen the client's case for mesothelioma and increase the odds that a favorable verdict will be reached at trial. A verdict in favor of the asbestos patient could result in substantial compensation to pay for funeral costs and other financial loss. In some states, asbestos victims could be entitled to additional damages for their pain and suffering.