How to Prepare an Asbestos Case
A successful
asbestos case involves the evidence that proves that a person suffered an injury because of exposure to an asbestos-based product. This often requires the review of a person's history of work.
It is important to be aware that an asbestos claim is a product-liability claim. The plaintiff's lawyer must prove that the defendant acted in breach of its duty of care.
Determining the Source of Exposure
Asbestos may be exposed in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials or worked in asbestos processing or manufacturing sites and those who lived near by are all included.
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 loved ones during this process. This will help determine the dates, time and duration of the exposure as well as whether the exposure was continuous. The more information that is provided to the attorney, the more successful the case will be.
While the majority of asbestos-related cases involve occupational exposure however, some victims have had secondhand exposure and some were exposed through the use of the use of consumer products that are contaminated. Inhalation of asbestos is the most common method of exposure, and usually causes illness. However, contact with the skin or eating seafood that has been contaminated are also ways of being exposed.
Asbest can cause several illnesses like mesothelioma, lung cancer, and the pleural lesions. Symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and loss of appetite. Certain people are exposed to naturally occurring asbestos in the air outside and the resultant low levels of exposure are rarely linked to a condition.
Hundreds of companies have used asbestos in their buildings, products as well as in mining operations. This includes shipbuilding, construction, insulators and manufacturers of commercial and household products. Asbestos is found in drywall, as well as some building materials. It was also used in plumbing and electrical applications.
Workers have suffered asbestos-related injuries in virtually every industry that utilizes the material. The most at-risk workers, like asbestos miner are the most susceptible to developing diseases linked to asbestos. Those who have been exposed asbestos-related debris or dust are also at risk. Due to the lengthy latency period, victims may not receive a diagnosis until after the death of a loved one or after they reach retirement age.
Making a Database
The first step to making an asbestos claim is to collect a complete record of the person's exposure. This may include interviews with relatives, coworkers as well as abatement workers and suppliers. The process can take several years in certain instances. This is because in order to be successful in a mesothelioma situation you will require two evidence pieces.
A mesothelioma lawyer can help by gaining access to proprietary databases of asbestos. These databases are used to identify companies, employers and job sites that are accountable. Additionally, mesothelioma lawyers may review a patient's medical records and determine what type of mesothelioma the patient has developed because of their exposure.
Once a lawyer has confirmed a mesothelioma diagnosis the lawyer can begin to build an asbestos claim. This includes the timeline and employment history of the patient, as well as identifying any asbestos-containing product they used or worked with in various jobs.
This information is crucial for a mesothelioma case as asbestos exposure can occur over a period of years. This makes it difficult to identify the specific company or
Asbestos Compensation employer accountable for the harm. A mesothelioma attorney can use an asbestos data base to find possible defendants and to build a strong legal case for their client.
In some cases, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos lawyers may also make use of the database of asbestos-containing product recalls, which could be utilized by several manufacturing companies and workplaces.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They may also file a claim against mesothelioma trust funds. Mesothelioma compensation from trust funds typically is derived from funds set aside by bankruptcy asbestos companies.
When pursuing an asbestos lawsuit it is important to consider the financial impact on the victim's family. The reason for this is because mesothelioma can be fatal and the victim's loved ones will be impacted by a substantial loss of income. This could significantly increase the value of a mesothelioma claim. A mesothelioma attorney will ensure that the financial losses of the victim are included in their legal claim.
Identifying potential defendants
When filing an asbestos lawsuit it is important to identify all defendants who could have contributed to the injury. This can be done by conducting interviews, and then reviewing the construction records and invoices. Defense attorneys usually deny being responsible, and your lawyer will address these claims on your behalf. As the case proceeds, with expert witness investigations and a review of evidence new defendants could be discovered or existing defendants could be exonerated.
Many asbestos lawsuits involve numerous potential defendants. The reason is that asbestos compensation (
click for info) lawsuits are complex, and victims have suffered in a variety of ways because of asbestos exposure. For example an asbestos-related victim could have worked in an industrial shipyard before moving to work at an oil refinery or some other kind of industrial plant. Therefore, it is crucial that the victim's lawyer identify all potential defendants so that they can assist in pursuing the maximum damages available under state law.
The plaintiff's lawyer must prove that the defendants acted negligently. This can be accomplished by proving the four elements of negligence: frequency of exposure (duration of exposure), proximity to the source and lack of warnings about the asbestos-related danger.
Many factors can complicate asbestos-related cases, including the long latency period of many asbestos-related illnesses. This means that a person could be diagnosed with a condition like mesothelioma a few years after his or her last asbestos exposure.
In these cases the attorney for the victim may have to prove causality. This element is more difficult to meet since it requires the plaintiff's doctor to establish a causal link between defendant's negligence as well as 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 during their careers and have experience in asbestos litigation. Contact us to discuss your options if 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, including trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining which defendants are accountable and pursue suit accordingly. Asbestos cases usually are focused on negligence or strict liability. In mesothelioma-related cases, there are usually many potential defendants. Each state has laws that govern how the responsibilities and responsibilities of different companies are apportioned.
A mesothelioma lawsuit begins by completing the discovery phase, which allows the parties in a case to learn information about each other.