How to Prepare an Asbestos Case

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

It is crucial to understand that an asbestos claim is a product liability claim. The plaintiff's lawyer must prove that defendant violated its duty of care.

Determine the source of exposure

Asbestos can be exposed in a variety of ways. The majority of asbestos-related claims are attributed to occupational exposure. This includes those who handled raw asbestos substances, workers employed at asbestos processing or manufacturing sites as well as those who lived near these facilities.

As the lawsuit progresses, an attorney must determine the exact circumstances under which the plaintiff was exposed to asbestos. It is helpful to interview either the individual or their family during this process. This will help determine the dates, duration and if the exposure was continuous. The more information that is provided to the attorney, the more successful the case will be.

Certain asbestos-related cases are caused by occupational exposure. Others have been exposed by contaminated consumer products. Inhalation is the most common route of exposure to asbestos and is often the reason for illness, but contact with the skin or asbestos eating seafood that has been contaminated can be sources of exposure.

Asbest may cause a variety of ailments, such as mesothelioma, lung cancer, and lesions of the pleura. The symptoms typically begin with a coughing and breathlessness. Other symptoms may include abdominal pain, fatigue or loss of appetite. Some people are exposed naturally occurring asbestos in the air outside, and the resulting low levels of exposure rarely leads to a condition.

Hundreds of companies have used asbestos in their products, buildings and in their mining operations. Construction, shipbuilding and insulators, as as manufacturers of household products and commercial items, are all covered. Asbestos is present in a variety of building materials and drywall, and was used in a variety of plumbing and asbestos electrical systems.

Workers have suffered asbestos-related injuries in almost every industry that uses the material. The most at-risk workers such as asbestos miner are the most susceptible to developing diseases linked to asbestos. If you've been exposed dust or asbestos-related particles are also at risk. Because of the long time of latency, people may not be diagnosed until the time of the death of a loved ones or after they reach retirement age.

In the process of developing the Database

The first step in preparing an asbestos case involves collecting a comprehensive record of the victim's exposure. This can include interviews with coworkers, family or abatement workers as well as suppliers. In certain cases it can take a number of years to complete this work. This is because in order to be successful in a mesothelioma situation, you need two pieces of evidence.

A mesothelioma lawyer can assist by accessing proprietary databases of asbestos. These databases can be used to identify employers, companies and job sites that are liable. In addition, mesothelioma lawyers are able to look over medical records of patients and determine what type of mesothelioma they've developed due to their exposure.

Once a lawyer is able to confirm mesothelioma as a diagnosis the lawyer can begin to build an asbestos claim. This will include a chronological account of the patient's career and employment history, as as identifying all asbestos-containing products they handled and used in various positions.

This information is important to a mesothelioma suit because asbestos exposure often occurs over the course of many decades. This makes it difficult to pinpoint the specific company or employer accountable for the harm. A mesothelioma lawyer could use an asbestos database to identify possible defendants, and create an effective legal case for their client.

In some instances mesothelioma cases, the patient's condition could have been caused by a combination of different asbestos-containing products. Asbestos attorneys may also utilize an asbestos database that contains asbestos product recalls, which can be utilized 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 file a mesothelioma trust fund claim. Trust funds are generally used to compensate mesothelioma survivors. They are typically reserved by asbestos-related companies which have been bankrupted.

It is important to consider the financial implications of a lawsuit involving asbestos on the loved ones of the victims. This is because mesothelioma could be fatal and the family of the victim will likely suffer a substantial loss of income. This could increase the value of mesothelioma claim. A mesothelioma lawyer who is experienced will ensure that all of the economic losses suffered by the victim are taken into consideration and incorporated into their legal claims.

Identifying Potential Defendants

When you file an asbestos lawsuit it is essential to identify the defendants who may have contributed to the damage. This can be done through interviews as well as a review of construction records or purchase invoices. Defense lawyers frequently deny they were responsible, and your lawyer will defend these assertions on your behalf. As the case develops, through investigatory investigations by experts and the examination of evidence, new defendants could be discovered, and existing defendants may be able to exonerate themselves.

Many asbestos lawsuits include many potential defendants. It is because asbestos cases are complex, and victims' lives have been affected in a variety of ways because of asbestos exposure. For instance an asbestos victim might have worked at a shipyard and then went to work at an oil refinery, or some other type of industrial plant. It is therefore crucial that the lawyer for the victim determine the possible defendants to help obtain the maximum amount of damages available under state laws.

The attorney representing the plaintiff must prove that the defendants were negligent. This can be accomplished through the four elements of negligence which include the frequency of exposure and duration of exposure proximity to the source of the exposure and the absence of warnings regarding the asbestos-related health risks.

Many factors can exacerbate an asbestos-related situation, including the long time it takes to develop many asbestos-related ailments. This means that someone could be diagnosed with a condition like mesothelioma a few years after his or her last asbestos exposure.

In these instances, the victim’s attorney may be required to prove the causality. This is a harder requirement to prove, as it requires the plaintiff's doctor to establish a connection between the defendant's negligence and the victim's health.

Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our attorneys have handled thousands cases over the course of their careers. They have experience in asbestos litigation. Contact us to discuss your options if you've been injured as a result of asbestos exposure.

Preparing for the Trial

There are a myriad of ways victims and their families may seek compensation for asbestos exposure. These include lawsuits as well as trust funds. Mesothelioma lawyers assist clients in determining who is accountable for the asbestos exposure and file suit accordingly. Asbestos lawsuits are typically based on negligence or strict liability. In mesothelioma cases there are often a number of potential defendants. Each state has laws governing the way in which the responsibilities of several companies are apportioned.

A mesothelioma case begins with the discovery process which allows the parties involved in a case to get information about each other. During the discovery phase attorneys from the plaintiffs and defendants' sides discuss each other's issues (interrogatories), and request documents. Kazan Law assists clients in gathering the relevant information needed to build a convincing case. This includes determining the location and when their loved ones were exposed to asbestos, as well as the names of any defendants who could be responsible.

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

In order to be able to prove their case, mesothelioma victims must be prepared to give evidence at a deposition. During the deposition, attorneys will ask questions under oath to the patient about their exposure to the disease and their medical history. It is essential that the witness be honest about what they know and do not know. It is not acceptable for witnesses to guess or speculate for instance, if they are unable to remember the date or time they were questioned.

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 strengthen the client's case for mesothelioma and increase the likelihood that a positive verdict will be made at trial. A verdict in favor of the asbestos victim could result in a substantial amount of compensation to cover medical expenses, funeral expenses and other financial loss. In certain states, asbestos victims could be entitled to additional damages for their pain and suffering.