How to Prepare an Asbestos Case

A successful asbestos attorney case is the evidence that proves that a person suffered an injury as a result of exposure to asbestos products. This usually requires a review of a person's work history.

It's important to understand that an asbestos case is a product liability claim. The plaintiff's lawyer must demonstrate that the defendant did not fulfill its duty of diligence.

Determine the source of exposure

Asbestos exposure can occur in many ways. However, the majority of asbestos-related claims involve 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 must find out the exact circumstances in the case of exposure to asbestos during the course of the lawsuit. It is beneficial to interview the plaintiff or their family during this process. This will help determine the dates, the duration and whether the exposure was continuous. The more details that is provided to the attorney, the more successful the case may be.

The majority of asbestos-related cases involve work exposure, some victims have experienced exposure through secondhand sources and others were exposed through the use of products that are contaminated for consumption. Inhalation is by far the most popular way to be exposed to asbestos and is often the reason for illness, but contact through the skin and eating contaminated seafood can also be sources of exposure.

Asbest may cause a variety of ailments including mesothelioma, lung cancer, and the pleural lesions. Symptoms typically begin with coughing and shortness of breath. Other symptoms may include abdominal pain, fatigue and loss of appetite. Some people are exposed through the air to asbestos which is naturally occurring. The small amounts of exposure do not cause any disease.

Asbest was employed by a variety of businesses in their construction products, mining operations, and other facilities. Shipbuilding, construction and insulators, as well as manufacturers of household items and commercial products are all included. Asbestos can be found in drywall as well as other building materials. It was also employed in plumbing and electrical applications.

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

Making an Database

The first step in preparing an asbestos law case involves making a complete record of the victim's exposure. This may include interviews with family members, coworkers as well as abatement workers and suppliers. This can take a number of years in certain cases. This is because a successful mesothelioma lawsuit will require two main pieces of evidence that prove exposure and medical proof of the disease.

A mesothelioma lawyer may be able to assist by accessing proprietary databases of asbestos. They can be used to find liable employers, companies and job sites. In addition, mesothelioma lawyers are able to examine medical records of a patient and determine what kind of mesothelioma they have developed due to their exposure.

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

This information is crucial for a mesothelioma lawsuit because asbestos exposure often occurs over the course of many decades. It is difficult to determine a specific employer or company as the cause of the disease. A mesothelioma lawyer could use an asbestos database to find possible defendants and create an effective legal case for their client.

In certain cases mesothelioma may be caused by a combination of asbestos-containing products. Asbestos lawyers can also use an asbestos recall database that can be used to trace multiple manufacturers and job sites.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternatively, they can submit a mesothelioma-related trust fund claim. Mesothelioma compensation from trust funds usually comes from money that was set aside by bankruptcy asbestos companies.

If you are considering a lawsuit against asbestos when pursuing an asbestos lawsuit, it is crucial to take into account the financial burden on the family of the victim. The reason is that mesothelioma can be fatal and the family members of the victim will suffer a significant loss of income. This could increase the value of mesothelioma-related claims. A mesothelioma lawyer can ensure that the victim's financial losses are included in the legal claim.

Identifying Potential Defendants

When filing an asbestos lawsuit it is important to identify all defendants who could have contributed to the damage. This can be done via interviews, as well as through a review of the construction records or purchase invoices. Your lawyer will investigate these claims on your behalf even if the defendants say they don't believe they are accountable. As the case progresses with expert witness investigation and evidence review, new defendants can be discovered or existing defendants could be able exonerate themselves.

Many asbestos lawsuits involve dozens of potential defendants. The reason is that asbestos lawsuits are complex, and victims are affected in different ways due to asbestos exposure. For instance an asbestos victim might have worked in a shipyard and then went to work at an oil refinery, or some other type of industrial plant. Therefore, it is crucial that the lawyer for the victim determine the potential defendants in order to assist in pursuing the maximum amount of damages allowed under the law of the state.

The plaintiff's lawyer must show that the defendants were negligent. This can be done by showing the four elements of negligence which include frequency of exposure (duration of exposure), proximity to the source and absence of warnings regarding the asbestos-related danger.

Several factors can complicate an asbestos case, including the long latency time of many asbestos-related ailments. This means that a person could be diagnosed with a condition such as mesothelioma many years after their last exposure to asbestos.

In these cases the attorney for the victim may have to prove causation. This requirement is more difficult to satisfy because the plaintiff's doctor has to prove an association between the defendant's negligence and the victim’s illness.

The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers have experience in asbestos trials and have handled hundreds of cases over the time of their careers. If you've been injured due to exposure to asbestos, get in touch with us now to discuss your options for recovering compensation.

Prepare for trial

There are a myriad of ways victims and their families may seek compensation for asbestos exposure. These include lawsuits as well as trust funds. Mesothelioma lawyers assist clients in determining who is responsible and file suit accordingly. Asbestos cases usually are based on negligence or strict liability. There are usually many potential defendants in mesothelioma lawsuits, and each state has its own rules regarding how responsibilities are shared among multiple companies.

A mesothelioma case begins with the discovery process which allows the parties involved in a case to find out details about each other. During the discovery process attorneys from both plaintiffs and Asbestos Law defendants' side discuss each other's issues (interrogatories), and seek documents. Kazan Law helps clients gather relevant information and create a strong case on their behalf. This includes determining when and where their loved ones were the first exposed to asbestos, as in addition to any defendants that may be responsible.

After obtaining the details, attorneys will prepare for trial. This may include setting up experts as witnesses, reviewing medical records and gathering other evidence to prove the claim. Depending on the circumstances trials may take a couple of days or months to complete. Fortunately that the majority of mesothelioma lawsuits are settled prior to trial dates.

To demonstrate their case, sufferers of mesothelioma should be prepared to appear in a deposition. During a deposition, attorneys will question the patient under oath about their exposure and medical background. It is essential for the witness to be transparent about what they know and do not. It is not acceptable for witnesses to guess or speculate, for example, if they can't recall the date or time they were confronted.

In addition to the testimony of mesothelioma patients, an experienced lawyer will also call on experts such as asbestos and environmental specialists as well as toxicologists and life-care planners. This can strengthen the mesothelioma case of a client and increase the chances that a favorable verdict will be made during trial. A verdict in the asbestos victim's favor could result in a substantial amount of compensation for funeral expenses and other financial loss. In some states, the victims could be eligible to receive additional damages for pain and suffering.