How to Prepare an Asbestos Case
A successful
asbestos case requires showing that an individual suffered an injury as a result of exposure to an asbestos-based product. This often requires reviewing a person's work history.
It is important to know that an asbestos case is a product liability claim. The attorney representing the plaintiff must prove that the defendant acted in breach of its duty of care.
Determine the source of exposure
Asbestos-related exposure can occur in a variety of ways. However the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials, those who worked in asbestos manufacturing or processing sites, and those who lived nearby are all included.
As the lawsuit progresses lawyers must determine the exact circumstances in which the plaintiff was exposed to asbestos. It is important to speak with either the person or their loved ones during this process. This will help determine the dates of exposure, as well as the duration of exposure and whether or whether it was continuous. The more information you can provide to your lawyer the greater chance of winning the case.
Some asbestos-related diseases are the result of occupational exposure. Others have been exposed to asbestos through contaminated consumer products. Inhalation of asbestos is the most common method of exposure, and usually causes illness. However, contact with the skin or eating seafood contaminated by the toxins are also ways to be exposed.
Asbest may cause a variety of ailments like mesothelioma, cancer of the lung and Pleural lesions. Symptoms typically begin with a cough and shortness of breath. Other symptoms can include abdominal pain, fatigue and loss of appetite. Some people are exposed via 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 companies for their buildings products, mining operations, and other facilities. These include construction, shipbuilding insulation, manufacturers of commercial and household goods. Asbestos is a component of building materials and drywall, and was used in various plumbing and electrical systems.
Workers have suffered injuries related to asbestos in almost every field which uses the substance. The most hazardous jobs, like asbestos miners are the most likely to contract asbestos-related ailments. Anyone who has been exposed to dust or asbestos-related particles are also at risk. Due to the long latency those who suffer from asbestosis may not be identified until after the loved ones have passed away or they reach retirement age.
Developing an Database
The first step in the preparation of an asbestos claim is gathering an exhaustive record of the person's exposure. This could include interviews with co-workers or family members, asbestos contractors and abatement workers. This process can take many years in certain cases. This is because a mesothelioma-related claim that is successful requires two essential elements of evidence in order to prove exposure and medical proof of the disease.
A mesothelioma lawyer could assist by gaining access to proprietary databases of asbestos. These can be used to identify liable companies, employers and job sites. Mesothelioma lawyers can also look over medical documents to determine the kind of mesothelioma that a patient is suffering from as a result of their exposure.
If a lawyer has confirmed mesothelioma as a diagnosis the lawyer can begin constructing an asbestos case. This will include a timeline and a history of employment of the patient, as well as identifying any asbestos-containing products that they worked with or around during their various roles.
This information is vital for a mesothelioma lawsuit because asbestos exposure can occur over the course of many decades. This makes it difficult to identify any specific company or employer responsible for the injuries. A mesothelioma lawyer could use an asbestos database to determine potential defendants and to build an argument that is legally strong for their client.
In some cases mesothelioma can be the result of a mix of asbestos-containing products. Asbestos lawyers can also use an asbestos product recall database that can be used to track different manufacturers and job locations.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternately, they may submit a mesothelioma-related trust fund claim. Mesothelioma compensation from trust funds typically comes from money that was set aside by bankrupt asbestos companies.
When pursuing an asbestos lawsuit when pursuing an
asbestos lawsuit, it is crucial to take into account the financial burden on the victim's family. This is because mesothelioma can be fatal, and the victim's family will likely suffer a substantial loss of income. This could increase the value of mesothelioma lawsuits. An experienced mesothelioma attorney will ensure that every one of the victim's economic losses are taken into consideration and incorporated into their legal claims.
Identifying potential defendants
When filing an asbestos lawsuit, it is crucial to pinpoint the defendants who may have contributed to the injury. This can be done via interviews and a look at the purchase or construction records. Your lawyer will be able to answer these claims on your behalf if the defendants deny they are responsible. As the case progresses, with investigatory investigations by experts and the examination of evidence, new defendants may be discovered and current defendants could be able exonerate themselves.
Many asbestos lawsuits involve a myriad of potential defendants. The reason is that asbestos lawsuits are extremely complex and the victims suffer in various ways due to asbestos exposure. For example an asbestos victim might have worked at an shipyard before going to work at an oil refinery, or some other kind of industrial plant. Therefore, it is imperative that the victim's lawyer identify the potential defendants in order to assist in pursuing the maximum amount of damages allowed under state law.
The attorney for the plaintiff must demonstrate that the defendants acted negligently. This can be accomplished through the four negligence elements that include frequency of exposure as well as the duration of exposure proximity to the source of the exposure and a lack of warnings about asbestos-related health risk.
Many factors can complicate asbestos cases,
asbestos lawsuit such as the long time of latency for many asbestos-related illnesses. This means that an individual could be diagnosed with a disease such as mesothelioma years after their last asbestos exposure.
In these kinds of cases, the attorney for the victim will also need to present a case of causality. This element is more difficult to meet, because it requires that the plaintiff's doctor establish a connection between defendant's negligence as well as the victim's health.
The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our attorneys have handled thousands cases in their careers and are experienced in asbestos litigation. Contact us to discuss your options if you have been injured by asbestos exposure.
Prepare for Trial
There are a variety of ways that families of victims can claim compensation for asbestos exposure, including lawsuits and trust fund claims. Mesothelioma lawyers help clients determine which defendants are accountable and file suit accordingly. Asbestos lawsuits are typically focused on negligence or strict liability. In mesothelioma cases, there are usually a variety of potential defendants.