How to Prepare an Asbestos Case
A successful
asbestos case is the proof that a person sustained an injury from exposure to an asbestos-based product. This usually involves a review of the individual's prior 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 care.
Identifying the source of exposure
Asbestos may be exposed in many different ways. The majority of asbestos-related claims relate to occupational exposure. Workers who handled asbestos raw materials, those who worked in asbestos processing or manufacturing sites and those who lived near to asbestos sites are all covered.
A lawyer must determine the exact circumstances in which the plaintiff was exposed to asbestos in the course of pursuing the suit. During this process, it is usually beneficial to speak with the individual or his/her her family. This will help to establish the dates of exposure, the duration of exposure and whether or whether it was continuous. The more details you give to your attorney, the better chance of winning the case.
Certain asbestos-related cases are caused by occupational exposure. Others were exposed through contaminated consumer products. Inhalation of asbestos is the most common way to be exposed and usually causes sickness. However, contact with the skin or eating seafood that is contaminated are also methods of being exposed.
Asbest can cause several illnesses, such as mesothelioma, lung cancer and lesions of the pleura. Symptoms usually begin with breathing problems and coughing. Other symptoms include abdominal pain, fatigue and a decrease in appetite. Some people are exposed through the air to asbestos that is naturally occurring. The very low levels of exposure to asbestos does not cause disease.
Asbest was employed by a variety of companies in their building, products and
asbestos claim mining operations. Shipbuilding, construction and insulators, as well as manufacturers of household items and commercial products, are all part of. Asbestos is found in drywall as well as other building materials. It was also utilized in plumbing and electrical applications.
Nearly every industry that employs asbestos has had to deal with injuries related to the substance. The most hazardous jobs, like 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 delay, some victims will not receive a diagnosis until after the passing of a loved ones or they have reached retirement age.
In the process of developing the Database
The first step in the process of preparing an asbestos claim is gathering a comprehensive record of the victim's exposure. This may include interviews with coworkers and family members, the abatement team and suppliers. The process can take several years in some cases. This is because a successful mesothelioma claim requires two key elements of evidence: proof of exposure and medical proof of the disease.
A mesothelioma lawyer could assist by accessing proprietary databases of asbestos. These databases can be used to find companies, employers and job sites that are accountable. Mesothelioma attorneys may also look through medical records to determine the type of mesothelioma a patient is suffering from as a result of their exposure.
Once a lawyer is able to confirm a mesothelioma diagnosis they can then begin the process of constructing an asbestos claim. This will include a chronological account of the patient's career as well as job history, as being able to identify all asbestos-containing items they used and handled in various positions.
This information is crucial to a mesothelioma suit because asbestos exposure is often a part of the course of decades. This makes it difficult to pin down the exact employer or company responsible for the injuries. A mesothelioma lawyer could use an asbestos data base to find possible defendants and then build a strong legal argument for their client.
In some instances mesothelioma can be the result of a mix of asbestos-containing products. Asbestos attorneys can also use a database of asbestos product recalls, which can be used by multiple manufacturing companies and workplaces.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also file a claim against mesothelioma trust funds. Trust funds are usually used to compensate mesothelioma sufferers. They are typically set aside by asbestos companies that have gone bankrupt.
If you are considering a lawsuit against asbestos, it is essential to consider the financial impact on the victim's family. This is because mesothelioma can be fatal and the family of the victim will likely suffer a substantial loss of income. This can dramatically increase the value of a mesothelioma claim. An experienced mesothelioma lawyer will ensure that all of the financial losses suffered by the victim are considered and included in their legal claims.
Identifying Defendants who could be a potential defendant
When making 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 then reviewing construction records or invoices. Defendants often deny that they were responsible, and your lawyer will respond to these allegations on your behalf. As the case proceeds, through expert witness investigations and a review of evidence the possibility of new defendants being identified, or existing defendants may be able to discredit themselves.
Many asbestos lawsuits involve dozens of potential defendants. It is because asbestos cases are extremely complex and the victims are affected in various ways as a result of asbestos exposure. For example an asbestos-related victim could have worked at the shipyard, and then moved to work for an oil refinery or other type of industrial plant. It is therefore essential that the victim's lawyer determine any potential defendants to aid in pursuing the maximum damages available under the law of the state.
The lawyer for the plaintiff has to prove that the defendants were negligent. This can be accomplished through the four negligence elements that include frequency of exposure and duration of exposure, proximity to the source of the exposure, and a deficiency of warnings concerning the asbestos-related health risk.
There are many factors that can cause complications in asbestos cases, such as the long latency period of many asbestos-related diseases. This means that a person could be diagnosed with a condition such as mesothelioma many years after the last exposure to asbestos.
In these cases the lawyer for the victim might have to prove causation. This requirement is more difficult to prove, as it requires that the plaintiff's doctor establish a connection between defendant's negligence and victim's illness.
The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our attorneys have handled a variety of cases during their careers and are experienced in asbestos litigation. If you've suffered an injury from exposure to asbestos please contact us today to discuss your options in obtaining compensation.
Prepare for the Trial
There are a variety of ways victims and their families can seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers help clients determine the defendants who are responsible and file suit accordingly. Most asbestos cases are founded on negligence, strict liability or breach of warranty.