How to Prepare an Asbestos Case

A successful asbestos case involves the proof that a person sustained an injury because of exposure to an asbestos product. This usually requires a thorough review of the person's previous work background.

It is essential to know that an asbestos claim is a product-liability claim. The plaintiff's lawyer must demonstrate that the defendant failed to fulfill its duty of diligence.

Determine the source of exposure

Asbestos-related exposure can occur in many ways. The majority of asbestos-related claims relate to occupational exposure. Workers who handled asbestos raw materials as well as those working in asbestos processing or manufacturing sites as well as those who lived nearby are all included.

A lawyer must determine the exact circumstances in the case of exposure to asbestos during the course of the lawsuit. It is helpful to interview either the person or their family members during the process. This will help determine the dates of exposure, the length of the exposure and whether or it was continuous. The more information you provide to your lawyer the better chance you have of winning the case.

Although the majority of asbestos-related illnesses involve occupational exposure, some victims have experienced exposure to asbestos through the air and were exposed through products for consumers that contain asbestos. Inhalation of asbestos is the most common method of exposure and usually leads to an illness. However, dermal contact or eating seafood that has been contaminated can also be ways of being exposed.

The toxic effects of asbestos can cause a variety of diseases, including mesothelioma as well as lung cancer and plaques in the pleura. Symptoms usually begin with coughing and shortness of breath. Other symptoms may include abdominal pain, fatigue, and loss of appetite. Some people are exposed naturally occurring asbestos in the air outside, and the resulting low levels of exposure rarely leads to disease.

Asbest was utilized by a multitude of companies in their buildings products, mining operations, and other facilities. These include construction, shipbuilding insulation, manufacturers of commercial and household products. Asbestos is present in drywall and some building materials. It was also utilized in plumbing and electrical applications.

Nearly every industry that utilizes asbestos has had injuries related to the material. The most at-risk workers like asbestos miner are the most likely to contract diseases related to asbestos. However those who have been exposed to asbestos-related materials are also at risk. Due to the long latency, victims may not be identified until after the loved one has died or they reach retirement age.

Developing the Database

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

A mesothelioma lawyer may be able to assist by accessing proprietary databases of asbestos. These databases are used to identify employers, companies and job sites that are liable. In addition, mesothelioma lawyers are able to examine medical records of a patient and determine what type of mesothelioma the patient has developed as a result of their exposure.

After a lawyer has confirmed mesothelioma is the diagnosis they can then begin the process of constructing an asbestos claim. This includes the timeline and employment history of the patient, as well identifying any asbestos-containing products that they used or worked with in their various positions.

This information is essential for a mesothelioma case since asbestos exposure can happen over a long period of time. This makes it difficult to identify one specific employer or company responsible for the ailment. A mesothelioma lawyer can use an asbestos database to find potential defendants and build a strong legal argument for their client.

In certain cases mesothelioma can result by a combination of asbestos-containing products. Asbestos lawyers also have access to an asbestos product recall database that can be used to track various manufacturers and job sites.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also claim compensation from mesothelioma trust funds. Trust funds are generally 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 important to take into account the financial burden on the victim's family. The reason is that mesothelioma can be fatal and the loved ones of the victim will be impacted by a substantial loss of income. This can significantly increase the value of a mesothelioma lawsuit. A mesothelioma attorney will ensure that the victim's financial losses are included in the legal claim.

Identifying potential defendants

It is important to find the defendants who might have contributed to an injury when filing an asbestos lawsuit. This can be done through interviews and looking over construction records or invoices. Defendants usually deny being accountable and your lawyer will respond to these claims on your behalf. As the case progresses with expert witness investigations and review of evidence, new defendants could be discovered and existing defendants may be able to exonerate themselves.

Many asbestos lawsuits have dozens of potential defendants. This is because asbestos lawsuits are complex, and victims' lives have been affected in a variety of ways because of asbestos exposure. For example an asbestos-related victim could have worked in a shipyard and then went to work at an oil refinery, or some other type of industrial plant. Therefore, it is imperative that the lawyer for the victim determine all potential defendants so that they can aid in pursuing the maximum amount of damages permitted under state law.

The attorney for the plaintiff must demonstrate that the defendants acted negligently. 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 asbestos insufficient warnings about asbestos-related danger.

Many factors can exacerbate an asbestos case, including the lengthy latency period of many asbestos-related ailments. This means that an asbestos-related condition, such as mesothelioma, could be diagnosed years after the last exposure to asbestos (top article).

In these situations, the victim’s attorney may have to prove causation. This requirement is more difficult to meet because the plaintiff's physician has to establish that there is a link between the defendant's negligence and the patient's illness.

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 have extensive experience in asbestos litigation. If you have been injured through exposure to asbestos, contact us today to discuss your options to recover compensation.

Prepare for Trial

There are many different ways in which families and victims can seek compensation for asbestos exposure, including lawsuits and trust fund claims. Mesothelioma lawyers assist clients in determining which defendants are liable and make a claim accordingly. Most asbestos cases are caused by negligence, strict liability or breach of warranty. There are typically a lot of potential defendants in mesothelioma lawsuits and each state has its own rules on how responsibilities are divided among multiple corporations.

The discovery process is the primary step in a mesothelioma suit. It allows the parties to learn more about each other. During the discovery process, attorneys for the plaintiffs and defendants ask questions (interrogatories) and request documents from one another. Kazan Law helps clients gather relevant information and build a strong case on their behalf. This includes determining the location and the time their loved ones were exposed to asbestos, as well as the names of any defendants who could be accountable.

After gathering this information, lawyers will prepare for trial. This could include assembling expert witnesses, reviewing medical records, as well as gathering other evidence to support the claim. Depending on the circumstances, trials can take days or months to conclude. Fortunately, the majority mesothelioma cases can be settled prior to trial dates.

To establish their case, mesothelioma patients must be prepared to give evidence at deposition. During the deposition, attorneys ask questions under oath to the victim about their exposure and medical background. It is important 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 cannot remember the exact time or date they were confronted.

In addition to testimony from a mesothelioma survivor, an experienced lawyer will also consult experts such as asbestos legal and environmental specialists, toxicologists and life-care planners. This can strengthen the mesothelioma case of the client and increase the odds of a positive outcome at trial. A decision in favor of the asbestos victim can result in substantial settlement for funeral expenses, and other financial losses. In some states, asbestos victims could be entitled to additional damages for their pain and suffering.