How to Prepare an Asbestos Case
A successful asbestos case is proving that a person suffered an injury as a result of exposure to asbestos products. This usually involves reviewing a person's work history.
It's important to recognize that an asbestos case is a product liability claim. The plaintiff's attorney must prove that the defendant breached its duty of care.
Determine the source of exposure
Asbestos exposure can occur in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. This includes workers who handled raw asbestos materials, employees employed at asbestos processing or manufacturing sites and those who resided near these sites.
As the case progresses, a lawyer must determine the exact circumstances under which the plaintiff was exposed to asbestos. It is helpful to interview the individual or their family members during this process. This will help determine the dates of exposure, the length of the exposure and whether or whether it was continuous. The more information that can be provided to the attorney the more successful the trial could be.
While the vast majority of asbestos-related illnesses involve occupational exposure but some victims have also experienced exposure through secondhand sources and others were exposed through the use of consumer products that are contaminated. Inhalation of asbestos is the most common way to be exposed, and usually leads to illness. However, dermal contact or eating seafood that has been contaminated are also ways of being exposed.
Asbest can trigger various illnesses that include lung cancer, mesothelioma and Pleural lesions. The signs typically start with coughing and breathlessness. Other symptoms include abdominal pain, fatigue, and a loss of appetite. Some people are exposed through the air to asbestos which is naturally occurring. The small amounts of exposure to asbestos does not cause disease.
Hundreds of companies have used asbestos in their buildings, products as well as in mining operations. These include construction, shipbuilding and insulators, as well as manufacturers of commercial and household products. Asbestos is a component of building materials and drywall and was used in a variety of electrical and plumbing applications.
Workers have sustained asbestos-related injuries in almost every field that utilizes the material. Those in the most dangerous jobs, like asbestos miners, are the most likely to suffer from asbestos-related illnesses. However, those who have been exposed to asbestos-related debris are also at risk. Because of the long time between latency, patients may not be diagnosed until after the passing of a loved one or they have reached 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 co-workers and family members, abatement workers and suppliers. In some instances it can take a number of years to complete this task. This is because a successful mesothelioma lawsuit requires two primary elements of evidence that prove exposure and medical proof of the disease.
A mesothelioma lawyer can help by gaining access to asbestos databases that are proprietary. These databases can be used to find liable employers, companies and job websites. Mesothelioma attorneys can also review medical records to determine the type of mesothelioma that a patient has developed as a result of their exposure.
After a lawyer confirms mesothelioma 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 well being able to identify all asbestos-containing items they used and handled in their various jobs.
This information is crucial for a mesothelioma case since asbestos exposure can happen over the course of a number of years. It is difficult to pinpoint a specific employer or company as the cause of the ailment. An attorney for mesothelioma can utilize an asbestos database to find potential defendants and create a strong legal argument on behalf of their client.
In some instances mesothelioma cases, the patient's condition could have been caused by an amalgamation of asbestos-containing products. Asbestos attorneys may also utilize an asbestos product database recalls, which could be used by a variety of manufacturers and work 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. Trust funds are generally used to compensate mesothelioma survivors. These funds are usually put aside by asbestos companies that have been bankrupted.
If you are considering a lawsuit against asbestos it is important to think about the financial implications on the family of the victim. The reason for this is because mesothelioma often kills and the victim's loved ones will suffer a significant loss of income. This could significantly increase the value of a mesothelioma suit. A knowledgeable mesothelioma attorney can 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 the defendants who may have contributed to the damage. This can be done via interviews and a look at the construction records or purchase invoices. Your lawyer will answer the claims for you, even if the defendants say they don't believe they are responsible. As the case proceeds, through expert witness investigations and a review of evidence, new defendants can be discovered, and defendants already in the court may be able exonerate themselves.
Many asbestos lawsuits include a multitude of potential defendants. The reason for this is because asbestos lawsuits are incredibly complex and the lives of the victims were affected in different ways due to asbestos exposure at various workplaces. Asbestos victims may have worked in a shipyard and then moved to an oil refinery or a different type of industrial plant. It is therefore crucial that the victim's attorney identify the potential defendants to help him or she pursue the maximum amount of damages that are available under state law.
The plaintiff's lawyer must prove that the defendants acted negligently. This can be proved by showing the four elements of negligence such as 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 case, including the long time it takes to develop various asbestos-related diseases. This means that someone could be diagnosed with a disease such as mesothelioma many years after his or her last exposure to asbestos.
In these instances, the victim’s attorney may have to prove causality. This is a difficult requirement to prove since the plaintiff's doctor has to prove a connection between the defendants negligence and the illness of the victim.
The lawyers of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers have handled a multitude of cases over the course of their careers. They are experts in asbestos litigation. Contact us to discuss your options if you have been injured due to asbestos exposure.
Prepare 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 which defendants are accountable and bring suit in line with. Typically, asbestos cases are based on negligence, strict liability or breach of warranty. In mesothelioma cases, there are usually many potential defendants. Each state has laws that govern how the responsibilities of multiple companies are divided.
The mesothelioma lawsuit starts by completing the discovery phase, which allows the parties involved in the case to discover details about one another. During the discovery stage, attorneys from the plaintiffs' and defendants' sides discuss each other's issues (interrogatories) and seek documents. Kazan Law assists clients in gathering relevant information to build a strong case for them. baldwin park asbestos law firm includes determining the location and when their loved ones have been exposed to asbestos, and the names of any defendants who might be responsible.
After gathering the details, attorneys will prepare for trial. This could include arranging expert witnesses, examining medical records, and gathering other evidence to support the claim. Trials can last for days or even months depending on the circumstances. Fortunately that the majority of mesothelioma lawsuits are settled prior to trial dates.
In order to be able to prove their case, mesothelioma patients must be prepared to give evidence at deposition. During the deposition, attorneys will ask questions under oath to the victim about their exposure as well as their medical background. It is important for the witness to be open about what they know and don't. For example when a person is unable to recall how they were exposed to asbestos or when, it is not acceptable to guess or speculate.
A lawyer with experience will not just consult a mesothelioma victim but also experts such as environmental and asbestos specialists as well as toxicologists and life care planners. This can help bolster the mesothelioma claim of a client and increase the odds that a positive verdict will be made in the trial. A decision in favor of the asbestos patient could result in substantial settlement for funeral expenses, and other financial losses. In some states, asbestos victims may be entitled to additional damages for their pain and suffering.