How to Prepare an Asbestos Case

A successful asbestos case requires showing that an individual suffered an injury because of exposure to an Asbestos Compensation-based product. This usually requires review of a person's employment history.

It is important to be aware that asbestos claims are product-liability claim. The plaintiff's attorney must prove that the defendant violated its duty of care.

Determine the source of exposure

Asbestos is a substance that can be exposed in many different ways. The majority of asbestos-related claims are related to occupational exposure. Workers who handled asbestos raw materials or worked in asbestos manufacturing or processing sites, and those who lived close to asbestos processing sites are all included.

A lawyer will need to identify the exact circumstances under the case of exposure to asbestos during the course of the lawsuit. In this process, it is typically beneficial to conduct an interview with the person or his or relatives. This will help to establish the dates of exposure, the length of the exposure and whether or it was continuous. The more information you can provide to your attorney, the better chance of winning the case.

While the vast majority of asbestos-related illnesses involve occupational exposure however, some victims have had exposure from secondhand sources, and some were exposed through contaminated consumer products. Inhalation is the most frequent route of exposure to asbestos, and is typically what causes illness, but contact through the skin and eating contaminated seafood can also be ways of exposure.

The toxicity of asbestos may result in several types of diseases, including mesothelioma, lung cancer and pleural plaques. The symptoms typically begin with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue or loss of appetite. Some people are exposed via the air to asbestos that is naturally occurring. The very low levels of exposure do not cause any disease.

A multitude of companies have used asbestos in their buildings, products as well as in mining operations. Shipbuilding, construction and insulators, asbestos compensation as as manufacturers of household products and commercial products are all part of. Asbestos is found in drywall as well as other building materials. It was also employed in plumbing and electrical applications.

Workers have sustained asbestos-related injuries in almost every field which uses the substance. The most at-risk employees, like asbestos miner, are the most likely to develop ailments linked to asbestos. However those who have been exposed to other asbestos-related materials are also at risk. Because of the long time lag, victims may not be identified until after the loved ones have passed away or they reach retirement age.

The process of creating the Database

The first step in the preparation of an asbestos claim is to compile an accurate record of the person's exposure. This can include interviews with family members, coworkers, abatement workers, and suppliers. In some instances it can take a number of years to complete this process. This is because a successful mesothelioma claim requires two primary elements of evidence in order to prove exposure and medical proof of disease.

A mesothelioma lawyer could assist by obtaining proprietary databases of asbestos. These databases can be used to identify liable companies, employers and job sites. Mesothelioma attorneys may also look through medical documents to determine the kind of mesothelioma that a patient is suffering from as a result of their exposure.

Once a lawyer has confirmed the diagnosis of mesothelioma they can then begin the process of constructing an asbestos claim. This will include a timeline and employment history of the patient, along with identifying any asbestos-containing product they worked with or around in their various positions.

This information is important for a mesothelioma lawsuit because asbestos exposure can occur over the course of many decades. It is difficult to identify a specific company or company that is the cause of the condition. An attorney for mesothelioma can utilize an asbestos database to to identify possible defendants and construct an effective legal case on behalf of their client.

In certain cases mesothelioma in a person's body could be the result of a mix of asbestos-containing products. Asbestos lawyers can also make use of an asbestos product recall database that 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. They may also claim compensation from a mesothelioma fund. Mesothelioma compensation from trust funds typically is derived from funds put aside by bankruptcy asbestos companies.

It is crucial to think about the financial impact of a lawsuit involving asbestos on the victim's loved ones. Because mesothelioma may be fatal, and the victim's family is likely to suffer a significant loss of income. This can dramatically increase the value of a mesothelioma suit. A mesothelioma lawyer who is experienced will ensure that every one of the financial losses of the victim are considered and included in their legal claims.

Identifying Potential Defendants

When filing an asbestos lawsuit, it is important to identify all defendants who could have contributed to the harm. This can be done via interviews as well as a review of the construction records or purchase invoices. Your lawyer will address these claims for you even if the defendants say they don't believe they are responsible. As the case proceeds, by conducting expert witness investigations and evidence review and re-examination, new defendants may be discovered, and defendants already in the court may be able to exonerate themselves.

Many asbestos lawsuits have dozens of potential defendants. The reason is that asbestos cases are extremely complex and the victims' lives were impacted in different ways due to asbestos exposure at various places of work. Asbestos-related victims might have worked in a shipyard, then transferred to an oil refinery, or another type of industrial plant. Therefore, it is crucial that the victim's lawyer identify any potential defendants to assist in pursuing the maximum damages available under the law of the state.

The lawyer for the plaintiff has to prove that the defendants were negligent. This can be done by proving the four elements of negligence that include the frequency of exposure (duration of exposure) proximity to the source, and absence of warnings regarding the asbestos-related danger.

There are many factors that can cause complications in an asbestos-related situation, including the lengthy latency period of various asbestos-related diseases. This means that someone could be diagnosed with a disease such as mesothelioma many years after his or her last asbestos exposure.

In these kinds of cases, the victim's attorney will also need to present the case of causation. This requirement is more difficult to prove 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 attorneys have handled thousands cases over the course of their careers. They are experts in asbestos litigation. Please contact us to discuss your options if you have suffered injuries as a result of asbestos exposure.

Prepare for Trial

There are several different ways that families of victims can seek compensation for asbestos exposure, such as lawsuits and trust fund claims. Mesothelioma attorneys help clients determine who is responsible for asbestos exposure and file suit accordingly. Asbestos lawsuits are typically founded on negligence or strict liability. There are often a number of potential defendants in mesothelioma lawsuits and every state has its own rules on how responsibility is divided among several companies.

The discovery process is the initial step in a mesothelioma lawsuit. It allows the parties to learn more about each other. During the discovery process attorneys for plaintiffs and defendants pose questions (interrogatories) and solicit documents from one another. Kazan Law assists clients in gathering relevant information in order to create a convincing case. This includes finding out when and where their loved ones were first exposed to asbestos as in addition to any defendants that could be responsible.

After obtaining this information, lawyers will begin preparing for trial. This could include arranging expert witnesses, reviewing medical records, and gathering other evidence to support the claim. Trials can be a few days or months, depending on the circumstances. Fortunately most mesothelioma lawsuits are settled prior to trial dates.

To be able to prove their case, mesothelioma victims must be prepared to give evidence at deposition. During a deposition, attorneys will question the patient under swearing under oath about exposure and medical background. It is important for the witness to be open about what they know and do not. It is not acceptable for a witness to guess or speculate, for example, if they are unable to remember the date or time they were exposed.

In addition to testimony from mesothelioma survivors, an experienced lawyer will also consult experts like asbestos and environmental specialists, toxicologists and life-care planners. This can strengthen the mesothelioma claim of a client and increase the odds that a favorable verdict will be made at trial. A decision in the asbestos victim's favor could result in a substantial amount of compensation for medical expenses, funeral expenses and other financial loss. In certain states, asbestos victims may be entitled to additional damages for suffering and pain.