How to Prepare an Asbestos Case

A successful asbestos case requires the proof that a person sustained an injury from exposure to asbestos products. This usually requires review of a person's employment history.

It's important to recognize that asbestos cases are product liability claim. The plaintiff's attorney must prove that the defendant breached its duty of care.

Find out the source of exposure

Asbestos exposure can occur in a variety of ways. The majority of asbestos-related claims are attributed to occupational exposure. Workers who handled asbestos raw materials as well as those working in asbestos processing or manufacturing sites, and those who lived close to asbestos processing sites are all included.

A lawyer must determine the exact circumstances in which the plaintiff was exposed to asbestos during the course of the lawsuit. During this process, it is often beneficial to interview the plaintiff or his or family members. This will help determine the dates, duration and if the exposure was continuous. The more information you can provide to your lawyer the greater chance of winning the case.

Some asbestos-related cases are caused by occupational exposure. Others have been exposed due to the use of contaminated consumer products. Inhalation of asbestos is the most frequent way to be exposed, and typically causes an illness. However, contact with the skin or eating contaminated seafood can also be ways of being exposed.

Asbest may cause a variety of ailments, such as lung cancer, mesothelioma and Pleural lesions. Symptoms usually begin with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue and loss of appetite. Certain people are exposed through the air to asbestos that is naturally occurring. The small amounts of exposure to asbestos do not cause illness.

Many companies have employed asbestos in their products, buildings and mining operations. This includes shipbuilding, construction, insulators and manufacturers of household and commercial products. Asbestos is present in drywall and other building materials. It was also used in electrical and plumbing applications.

Workers have suffered asbestos-related injuries in nearly every industry that utilizes the material. People who work in the most hazardous jobs, such as asbestos miners are the most likely to develop asbestos-related diseases. People who have been exposed to asbestos-related debris or dust are also at risk. Due to the lengthy time of latency, people may not be diagnosed until after the death of a loved ones or they have reached retirement age.

Developing an Database

The first step in making an asbestos case is collecting a comprehensive account of the exposure of the victim. This could include interviews with coworkers, family members, contractors and abatement workers. This can take a number of years in some cases. This is because to be successful in a mesothelioma situation there are two evidence pieces.

A mesothelioma lawyer can assist by gaining access to asbestos databases that are proprietary. These databases can be used to find companies, employers, and job sites that are liable. Additionally, mesothelioma lawyers may look over medical records of patients and determine what type of mesothelioma they've developed due to their exposure.

If a lawyer has confirmed mesothelioma as a diagnosis the lawyer can begin constructing an asbestos case. This will include a timeline of the patient's career as well as employment history, as and identifying the asbestos-containing products they used and handled at different jobs.

This information is crucial to a mesothelioma suit because asbestos Law exposure can occur over the course of decades. It is difficult to identify a specific company or business as the source of the disease. A mesothelioma lawyer could use an asbestos database to help find potential defendants and create an effective legal argument on behalf of their client.

In some cases mesothelioma may be caused by a combination or different asbestos-containing products. Asbestos attorneys can also use an asbestos product database recalls that can be utilized by multiple companies and work places.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Or, they could file a mesothelioma trust fund claim. Trust funds are generally used to compensate mesothelioma survivors. These funds are typically reserved by asbestos-related companies that have gone bankrupt.

When pursuing an asbestos lawsuit it is important to think about the financial implications on the family of the victim. Because mesothelioma may be fatal, and the victim's family will likely be faced with a significant loss of income. This can greatly increase the value of a mesothelioma case. An experienced mesothelioma lawyer will make sure that all of the financial losses of the victim are considered and incorporated into their legal claims.

Identifying potential defendants

When you file an asbestos lawsuit it is important to identify all defendants who could have contributed to the damage. This can be accomplished by conducting interviews and examining the construction records or invoices. Defense attorneys often deny that they were responsible and your lawyer will defend these allegations on your behalf. As the case progresses through expert witness investigations and evidence reviews new defendants could 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 cases are complex and the lives of victims were impacted in different ways by asbestos exposure at various places of work. For instance an asbestos-related victim could have worked at an shipyard before going to work at an oil refinery or some other type of industrial plant. It is therefore essential that the victim's lawyer identify all possible defendants to help him or her pursue the maximum amount of damages allowed under the law of the state.

The lawyer for the plaintiff has to prove that the defendants were negligent. This can be proved by showing the four elements of negligence: frequency of exposure (duration of exposure), proximity to the source, and insufficient warnings about asbestos-related danger.

Numerous factors can complicate asbestos cases, such as the long latency period of many asbestos-related illnesses. This means that an individual could be diagnosed with a condition like mesothelioma for a long time after the last asbestos exposure.

In these kinds of cases, the attorney representing the victim may also have to make a case of causality. This is a difficult requirement to satisfy because the plaintiff's doctor has to prove a connection between the defendants 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. We invite you to contact us to discuss your options if you have been injured as a result of asbestos exposure.

Preparing for the Trial

There are a variety of ways victims and their families can seek compensation for asbestos exposure, such as lawsuits and trust fund claims. Mesothelioma lawyers assist clients in determining who is responsible for the asbestos exposure and file a suit in accordance with the law. Typically, asbestos cases are caused by negligence, strict liability or breach of warranty. In mesothelioma lawsuits, there are often many potential defendants. Each state has laws governing how the responsibilities of multiple corporations are divided.

The discovery process is the primary step in a mesothelioma lawsuit. It allows the parties to know more about one another. During the discovery process, attorneys for the plaintiffs and defendants pose questions (interrogatories) and request documents from one another. Kazan Law helps clients gather relevant information and build an effective case on their behalf. This includes determining the location and when their loved ones have been exposed to asbestos, and the names of any defendants that could be responsible.

After obtaining this information lawyers will begin preparing for trial. This may include setting up expert witnesses, reviewing medical records, and gathering additional evidence to support the claim. Depending on the circumstances, trials can take weeks or even months to conclude. Fortunately, the majority of mesothelioma cases are settled prior to trial dates.

To demonstrate their case, sufferers of mesothelioma need to be prepared to be a witness in a deposition. In the deposition, attorneys will ask questions under oath about their exposure as well as their medical background. It is important for the witness to be honest about what they know and don't. For example the person who is unable to remember the time they were exposed to asbestos or what happened, it is not acceptable to make guesses or speculate.

An experienced lawyer will not just consult mesothelioma victims as well as experts such as environmental and asbestos specialists, toxicologists and life care planners. This can strengthen the mesothelioma case of a client and increase the likelihood that a favorable verdict will be made in the trial. A verdict in favor of the asbestos victim could result in a substantial settlement to pay for funeral costs and other financial losses. In some states, victims may be able to receive additional compensation for pain and suffering.