How to Prepare an Asbestos Case

In order to prove that an asbestos case is successful it must be established that the victim was injured due to exposure to asbestos. This usually involves reviewing a person's work history.

It's crucial to understand that asbestos cases are product liability claim. The plaintiff's lawyer must prove that the defendant acted in breach of its obligation of care.

Find out the source of exposure

Asbestos exposure can happen in many ways. However the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials and those who worked in asbestos manufacturing or processing sites and those who lived near to asbestos sites are all covered.

A lawyer will need to determine the exact circumstances under which the plaintiff was exposed to asbestos in the course of pursuing the suit. It is important to speak with the individual or their family members during the process. This helps establish the dates, time and duration of the exposure as well as whether the exposure was continuous. The more information you are able to give your attorney, the better chance of winning the case.

Some asbestos-related cases are due to occupational exposure. Others have been exposed to asbestos through the use of contaminated consumer products. Inhalation of asbestos is the most frequent method of exposure, and usually leads to illnesses. However, contact with the skin or eating seafood contaminated by the toxins are also methods of being exposed.

Asbest can cause several illnesses that include mesothelioma, cancer of the lung and the pleural lesions. The symptoms typically begin with a coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue or loss of appetite. Some people are exposed naturally occurring asbestos in outdoor air and the resultant low levels of exposure rarely leads to a disease.

Many companies have utilized asbestos in their products, buildings and in their mining operations. This includes shipbuilding, construction insulation, and producers of commercial and household products. Asbestos is a component of building materials and drywall and was used in a variety of plumbing and electrical installations.

Nearly every industry that employs asbestos has suffered injuries related to the material. The most vulnerable workers, such as asbestos miner are most likely to develop diseases related to asbestos. However those who have been exposed to other asbestos-related dust are also at risk. Because of the lengthy latency the victims might not be identified until after the loved one has died or they attain retirement age.

The process of creating the Database

The first step in preparing an asbestos case involves creating a comprehensive account of the exposure of the victim. This may include interviews with coworkers, family and abatement professionals, as well as suppliers. This can take a number of years in certain cases. This is because a successful mesothelioma case will require two main elements of evidence in order to prove exposure and medical proof of the disease.

A mesothelioma lawyer can help by gaining access to proprietary databases of asbestos. These databases can be used to find employers, companies and job sites that are liable. In addition, mesothelioma lawyers are able to review a patient's medical records and determine the type of mesothelioma they have developed because of their exposure.

Once a lawyer has established mesothelioma is the diagnosis, they can begin building an asbestos claim. This will include a chronological account of the patient's career and job history, as in identifying any asbestos-containing products they handled and used at different jobs.

This information is vital for a mesothelioma suit because asbestos exposure can occur over the course of a number of years. This makes it difficult to pin down the specific company or employer responsible for the ailment. A mesothelioma lawyer could use an asbestos data base to determine potential defendants and build a strong legal case for their client.

In some cases mesothelioma can be the result of an amalgamation of asbestos-containing products. Asbestos lawyers may also utilize an asbestos product recall database, which can be used to track multiple manufacturers and job sites.

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 typically used to pay mesothelioma patients. These funds are usually set aside by asbestos firms which have been bankrupted.

When pursuing an asbestos lawsuit, it is essential to take into account the financial burden on the victim's family. The reason is that mesothelioma is often fatal and the loved ones of the victim will be impacted by a substantial loss of income. This can boost the value of mesothelioma lawsuits. 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

When you file an asbestos lawsuit it is crucial to determine all defendants who could have contributed to the damage. This can be accomplished through interviews and a review of construction records or purchase invoices. Defense lawyers often deny that they were accountable, and your lawyer will respond to these assertions on your behalf. As the case proceeds, with expert witness investigation and evidence review the possibility of new defendants being identified, or existing defendants may be able exonerate themselves.

Many asbestos lawsuits have dozens of defendants. The reason is that asbestos Law cases are extremely complex and the lives of the victims were affected in a variety of ways by asbestos exposure at various places of work. For instance an asbestos-related victim could have worked at an industrial shipyard before moving to work at an oil refinery or other kind of industrial plant. It is therefore crucial that the victim's attorney identify all possible defendants in order to assist him or her get the maximum amount of compensation available under state laws.

The attorney representing the plaintiff must prove that the defendants were negligent. This is done by proving the four elements of negligence such as the frequency of exposure (duration of exposure), proximity to the source and lack of warnings about the asbestos-related danger.

Several factors can complicate an asbestos case, including the lengthy latency period of many asbestos-related illnesses. This means that an asbestos-related condition such as mesothelioma could be diagnosed years after the last exposure to asbestos.

In these kinds of cases, the attorney for the victim could also be required to make the case of causality. This requirement is more difficult to meet because the plaintiff's physician has to establish an association between the defendant's 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 thousands of cases during their careers and have experience in asbestos litigation. We invite you to contact us to discuss your options if been injured by asbestos exposure.

Preparing for Trial

There are a variety of ways that victims and their families can claim compensation for asbestos exposure, including trust fund claims and lawsuits. Mesothelioma lawyers help clients determine who is accountable for the asbestos exposure and file suit according to. Most asbestos cases are founded on negligence, strict liability, or breach of warranty. There are a variety of potential defendants in mesothelioma-related litigation, and each state has its own laws on how responsibility is divided across multiple businesses.

The discovery process is the initial step in a mesothelioma suit. It allows the parties to learn more about one another. In the discovery phase, attorneys from the plaintiffs and defendants' sides ask each other questions (interrogatories), and seek documents. Kazan Law helps clients gather relevant information and put together an argument that is strong on their behalf. This includes determining the date and location where their loved ones were first exposed to asbestos, as and asbestos law any defendants who could be responsible.

After receiving the information, lawyers will prepare for trial. This may include gathering expert witnesses, reviewing medical records, and gathering other evidence in support of the claim. Depending on the circumstances trials could take a few days or even months to complete. Fortunately, most mesothelioma cases can be settled prior to trial dates.

To establish their case, mesothelioma victims must be prepared to testify in deposition. During the deposition, attorneys will ask questions under oath about their exposure to the disease and their medical history. It is essential for the witness to be transparent about what they know and don't. It is not acceptable for witnesses to guess or speculate, for example, if they can't recall how or when they were exposed.

In addition to testimony from mesothelioma survivors, an experienced lawyer will also consult experts such as environmental and asbestos specialists, toxicologists, and life-care planners. This can help bolster 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 victim may result in substantial compensation to pay for medical costs, funeral costs and other financial losses. In some states, asbestos victims may be entitled to additional compensation for their pain and suffering.