How to Prepare an Asbestos Case

A successful asbestos case requires proving that a person suffered an injury due to exposure to an asbestos-based product. This usually involves a review of the person's previous work background.

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

Find out the source of exposure

Asbestos-related exposure can occur in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. This includes those who handled asbestos-containing raw materials, employees who worked at asbestos processing or manufacturing sites and those who lived close to these sites.

A lawyer will need to find out the exact circumstances in which the plaintiff was exposed to asbestos in the course of pursuing the suit. It is beneficial to interview the individual or their family members during the process. This will help determine the dates of exposure, the length of exposure, and whether or it was continuous. The more details that can be provided to the attorney the more successful the case could be.

Certain asbestos-related cases are due to occupational exposure. Others were exposed through contamination of consumer products. Inhalation of asbestos is the most common way to be exposed, and usually causes sickness. However, dermal contact or eating contaminated seafood can also be ways of being exposed.

Asbest can trigger various illnesses that include lung cancer, mesothelioma and pleural lesions. Symptoms typically begin with breathing problems and coughing. Other symptoms can include abdominal pain, fatigue, and loss of appetite. Some people are exposed to naturally occurring asbestos in the air outside and the resulting lower levels of exposure do not usually lead to a disease.

Asbest was employed by hundreds of companies in their building and mining operations. These include construction, shipbuilding, insulators and manufacturers of commercial and household items. Asbestos is found in some building materials and drywall and it was used in various electrical and plumbing applications.

Nearly every industry that employs asbestos has suffered injuries related to the substance. The most at-risk employees, such as asbestos miner are the most likely to contract illnesses linked to asbestos. Those who have been exposed dust or asbestos-related particles are also at risk. Because of the lengthy latency those who suffer from asbestosis may not be diagnosed until after their loved ones have passed away or they attain retirement age.

Making a Database

The first step in creating an asbestos claim is to gather a complete record of the exposure. This may include interviews with coworkers, asbestos lawsuit family or abatement workers as well as suppliers. This can take a number of years in certain cases. This is because, to be successful in a mesothelioma case you will require two pieces of evidence.

A mesothelioma lawyer can assist by accessing proprietary asbestos databases. These can be used to identify liable companies, employers and job sites. Mesothelioma lawyers may also examine medical records to determine the type of mesothelioma which a patient has developed as a result of their exposure.

Once a lawyer has established mesothelioma as a diagnosis and has been able to begin constructing an asbestos claim. This will include the timeline and employment history of the patient, in addition to identifying any asbestos-containing products that they worked with or around in different jobs.

This information is vital for a mesothelioma suit as asbestos exposure can occur over a time period of. This makes it difficult to pinpoint one specific employer or company responsible for the injury. A mesothelioma attorney can use an asbestos data base to find possible defendants and create an effective legal case for their client.

In some cases mesothelioma in a person's body could be caused by an amalgamation of asbestos-containing products. Asbestos lawyers also have access to an asbestos recall database that can be used to track several manufacturers and job sites.

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

It is crucial to think about the financial implications of an asbestos lawsuit on loved ones of the victim. This is because mesothelioma can be fatal, and the victim's family is likely to suffer a significant loss of income. This could boost the value of mesothelioma claim. An experienced mesothelioma attorney will ensure that the economic losses suffered by the victim are taken into consideration and incorporated into their legal claims.

Identifying Potential Defendants

When filing an asbestos lawsuit, it is important to identify all defendants who could have contributed to the injury. This can be accomplished through interviews, as well as through a review of the purchase or construction records. Your lawyer will answer these claims on behalf of you even if the defendants say they don't believe they are responsible. As the case progresses with expert witness investigations and evidence review and re-examination, new defendants may be identified or defendants who are already in the case may be able to discredit themselves.

Many asbestos lawsuits involve dozens of defendants. The reason for this is because asbestos lawsuits are complicated and the lives of victims were impacted in various ways due to asbestos exposure at various places of work. For example an asbestos victim could have worked at the shipyard, and then moved to work for an oil refinery or other type of industrial plant. Therefore, it is imperative that the lawyer representing the victim identify any potential defendants to help him or her pursue the maximum amount of damages allowed under state law.

The plaintiff's lawyer must prove that the defendants acted negligently. This can be accomplished by the four negligence elements which include the frequency of exposure and duration of exposure, proximity to the source of exposure and the absence of warnings regarding the asbestos-related health risk.

Several factors can complicate an asbestos case, including the long latency time of various asbestos-related diseases. This means that an asbestos-related disease like mesothelioma could be discovered years after the last exposure to asbestos.

In these types of cases, the attorney for the victim could also be required to make an argument for causality. This is a harder requirement to satisfy, since it requires that the plaintiff's physician establish a causal link between defendants' negligence and the victim's health.

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 during their careers and are experienced in asbestos litigation. If you've suffered an injury through exposure to asbestos, contact us today to discuss your options to recover compensation.

Preparing for Trial

There are numerous ways that victims and their families can claim compensation for asbestos exposure, including trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining who is responsible for the asbestos exposure and file a suit accordingly. Typically, asbestos cases are caused by negligence, strict liability, or breach of warranty. In mesothelioma cases there are usually many potential defendants. Each state has laws that regulate how the responsibilities of multiple companies are divided.

The discovery process is the initial stage in a mesothelioma case. It allows the parties to find out more about each other. During the discovery phase, attorneys from the plaintiffs and defendants' side are able to ask each other questions (interrogatories), and seek documents. Kazan Law assists clients in gathering relevant information in order to create a convincing case. This includes finding out where and when their loved ones were exposed to asbestos, as well as the names of any defendants that might be responsible.

Once they have the information, attorneys will prepare for trial. This may involve assembling expert witnesses, reviewing medical records, as well as gathering other evidence to support the claim. According to the circumstances, trials can take days or months to conclude. Fortunately that the majority of mesothelioma lawsuits are settled prior trial dates.

To demonstrate their case, mesothelioma sufferers must be prepared to testify in deposition. During the deposition, attorneys ask questions under oath about their exposure and medical background. It is essential for the witness to be honest about what they know and do not. It is not acceptable for a witness to guess or speculate in the event that they don't remember the exact time or date they were exposed.

A lawyer with experience does not just call mesothelioma sufferers, but also experts like asbestos and environmental specialists as well as toxicologists and life-care planners. This can help strengthen the client's mesothelioma claims and increase the odds of a favorable outcome at trial. A verdict in favor of the asbestos patient can result in significant compensation for medical expenses, funeral expenses and other financial loss. In certain states, asbestos victims could be entitled to additional compensation for their pain and suffering.