How to Prepare an Asbestos Case

To prove that asbestos cases are successful the case must be proven that the person was injured as a result of exposure to asbestos. This usually requires looking over a person's past work history.

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

Determine the source of exposure

Asbestos can be contaminated in a variety of ways. The majority of asbestos-related claims are attributed to occupational exposure. This includes those who handled asbestos materials, employees who worked at asbestos processing or manufacturing facilities and those who resided near these sites.

As the lawsuit develops, lawyers must establish the specific circumstances under which the plaintiff was exposed to asbestos. During this process, it is typically beneficial to conduct an interview with the plaintiff or his or her family. This can help determine the dates, duration and whether the exposure was continuous. The more information you give to your attorney the greater chance of winning the case.

While the majority of asbestos-related illnesses involve occupational exposure however, some victims have had exposure from secondhand sources, and some have been exposed through products for consumers that contain asbestos. Inhalation of asbestos is the most common method of exposure and generally causes an illness. However, contact with the skin or eating seafood contaminated by the toxins are also ways of being exposed.

The toxicity of asbestos can cause a variety of illnesses, such as mesothelioma, lung cancer, and plaques in the pleura. Symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue and a loss of appetite. Certain people are exposed to naturally occurring asbestos in the air outside and the resulting low levels of exposure are rarely linked to disease.

Many companies have utilized asbestos in their buildings, products as well as in mining operations. This includes shipbuilding, construction, insulators and manufacturers of commercial and household items. asbestos lawsuit is found in some building materials and drywall and was used in various plumbing and electrical installations.

Nearly every industry that utilizes asbestos has experienced injuries due to the substance. Those in the most dangerous jobs, like asbestos miners, are the most likely to suffer from asbestos-related illnesses. People who have been exposed to asbestos-related dust or debris are also at risk. Due to the long latency that asbestos-related diseases cause, patients may not be diagnosed until after the loved ones have passed away or they attain retirement age.

Making the Database

The first step in preparing an asbestos claim is to gather an exhaustive record of the victim’s exposure. This may include interviews with family members, colleagues, abatement workers, and suppliers. In some cases it could take a long time to complete this task. This is because, to be successful in a mesothelioma cancer case there are two evidence pieces.

A mesothelioma attorney can help by gaining access to asbestos databases that are proprietary. These databases can be used to identify employers, companies, and job sites that may be liable. Additionally, mesothelioma lawyers may look over a patient's medical record and determine the type of mesothelioma the patient has developed due to their exposure.

Once a lawyer has confirmed the diagnosis of mesothelioma, they can begin building an asbestos claim. This includes a timeline of the patient's professional and employment history, as being able to identify all asbestos-containing items they handled and worked around in various positions.

This information is essential in a mesothelioma lawsuit since asbestos exposure often occurs over the course of decades. It is difficult to identify a specific employer 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 some cases, a person's mesothelioma may have been caused by the combination of several asbestos-containing products. Asbestos lawyers also have access to 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. They can also file a claim against mesothelioma trust funds. Trust funds are usually used to pay mesothelioma patients. These funds are typically set aside by asbestos companies which have gone bankrupt.

When considering an Asbestos Law lawsuit when pursuing an asbestos lawsuit, it is crucial to take into account the financial burden on the victim's family. The reason is that mesothelioma often kills and loved ones of the victim will suffer a significant loss of income. This can dramatically increase the value of a mesothelioma lawsuit. A mesothelioma lawyer will make sure that the financial losses of the victim are included in the legal claim.

Identifying Potential Defendants

It is important to find any defendants who could be a factor in causing injury when making an asbestos lawsuit. This can be done through interviews and a look at the construction records or purchase invoices. The defendants typically deny being responsible and your lawyer will respond to these assertions on your behalf. As the case proceeds, by conducting expert witness investigations and a review of evidence the possibility of new defendants being discovered or existing defendants could be able exonerate themselves.

Many asbestos lawsuits involve dozens of potential defendants. The reason is that asbestos lawsuits are incredibly complex and the lives of the victims were impacted in different ways due to asbestos exposure at various places of work. Asbestos victims may have worked in a shipyard, and then moved to an oil refinery or a different type of industrial plant. Therefore, it is imperative that the lawyer for the victim determine any potential defendants to help them pursue the maximum amount of compensation allowed by the law of the state.

The attorney for the plaintiff must demonstrate that the defendants acted negligently. This is done by proving the four elements of negligence such as the frequency of exposure (duration of exposure) proximity to the source and insufficient warnings about the asbestos-related danger.

Many factors can complicate asbestos cases, including the long latency periods of many asbestos-related illnesses. This means that an asbestos-related condition such as mesothelioma can be diagnosed many years after the last exposure to asbestos.

In these instances, the victim’s attorney may be required to prove causation. This is a harder requirement to satisfy, since it requires that the plaintiff's doctor establish a connection between defendants' 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 a variety of cases in their careers and are experts in asbestos litigation. Please contact us to discuss your options if you have suffered injuries as a result of asbestos exposure.

Preparing for Trial

There are numerous ways that families of victims can seek compensation for asbestos exposure, such as trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining who is responsible for the asbestos exposure and file suit accordingly. Asbestos cases usually are focused on negligence or strict liability. There are usually many potential defendants in mesothelioma-related litigation, and each state has its own rules on how responsibility is divided among multiple businesses.

A mesothelioma suit begins with the discovery process, which allows the parties involved in a case to learn details about one another. During the discovery stage attorneys from both the plaintiffs and defendants' side ask each other questions (interrogatories) and request documents. Kazan Law assists clients in gathering the relevant information needed to build a solid case for them. This includes determining what time and place their loved ones were first exposed to asbestos, as and any defendants who may be responsible.

After gathering this information, lawyers will begin preparing for trial. This could include assembling experts, examining medical records, and assembling other evidence in support of the claim. Trials can last for days or even months, depending on the circumstances. Fortunately, most mesothelioma cases are settled prior to trial dates.

To be able to prove their case, patients of mesothelioma have to be prepared to testify in deposition. During the deposition, lawyers ask questions under oath to the patient about their exposure and asbestos Claim medical background. It is essential that the witness is honest about what they do and do not know. For example, if a person cannot remember the time they were exposed to asbestos or what happened, it is not acceptable to make guesses or speculate.

In addition to the testimony of mesothelioma sufferers, an experienced lawyer may also seek out experts such as environmental and asbestos specialists as well as toxicologists and life-care planners. This can strengthen the mesothelioma claim of a client and increase the chance that a positive verdict will be made during trial. A verdict in favor of the asbestos patient could result in a substantial settlement to cover medical expenses, funeral costs and other financial loss. In some states, victims could be eligible to receive additional damages for pain and suffering.