How to Prepare an Asbestos Case
A successful asbestos case is the evidence that proves that a person suffered an injury due to exposure to an asbestos product. This typically involves looking over a person's past work history.
It is essential to know that an asbestos claim (
related) is a product liability claim. The lawyer representing the plaintiff must prove that the defendant acted in breach of its duty of diligence.
Determine the source of exposure
Asbestos can be contaminated in many different ways. The majority of asbestos-related claims are related to occupational exposure. This includes workers who handled asbestos-containing raw materials, workers who worked in manufacturing or processing sites for asbestos and those who lived near these facilities.
As the lawsuit progresses, lawyers must determine the specific circumstances under which the plaintiff was exposed to asbestos. In this process, it's often helpful to interview the individual or his or relatives. This will help to establish the dates of exposure, the time of exposure and whether or it was continuous. The more information that is provided to the attorney, the more successful the case will be.
Certain asbestos-related illnesses are due to occupational exposure. Others have been exposed to asbestos through toxic consumer products. Inhalation is the most common way to be exposed to asbestos and is often the cause of illness. However, contact with the skin or eating seafood that is contaminated can also be routes of exposure.
Asbest can trigger a variety of illnesses, such as mesothelioma, lung cancer and pleural lesions. The symptoms typically begin with coughing and shortness of breath. Other symptoms could include abdominal pain, fatigue, and loss of appetite. Certain people are exposed through the air to asbestos which is naturally occurring. The very low levels of exposure do not cause any disease.
Many companies have utilized asbestos in their buildings, products and mining operations. This includes shipbuilding, construction insulation, and producers of commercial and household products. Asbestos is found in some construction materials and drywall and
asbestos claim it was utilized in various electrical and plumbing applications.
Workers have suffered asbestos-related injuries in almost every industry which uses the substance. The most vulnerable workers, such as asbestos miner are the most likely to develop illnesses linked to asbestos. However those who have been exposed to asbestos-related materials are also at risk. Because of the long delay, victims may not be identified until after the loved ones have passed away or they attain retirement age.
Developing an Database
The first step in the process of preparing an asbestos claim is collecting a comprehensive record of the person's exposure. This could include interviews with coworkers, family members, abatement workers and suppliers. In some instances it can take years to complete this process. This is because a successful mesothelioma case requires two primary elements of evidence the proof of exposure as well as medical proof of disease.
A mesothelioma lawyer can help by obtaining asbestos databases from a private database. These databases can be used to find liable employers, companies and job websites. Mesothelioma lawyers may also examine medical records to determine the type of mesothelioma which a patient has acquired as a result of their exposure.
Once a lawyer has established mesothelioma as a diagnosis, they can begin building an asbestos claim. This includes a timeline and employment history of the patient, along with identifying any asbestos-containing items they used or worked with during their various roles.
This information is essential to a mesothelioma suit as asbestos exposure can occur over the course of a number of years. It is difficult to determine a specific employer or company as the cause of the disease. A mesothelioma lawyer can use an asbestos database to help find potential defendants and create a solid legal case on behalf of their client.
In some instances, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos lawyers can also make use of an asbestos 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. They may also claim compensation from a mesothelioma fund. Trust funds are typically used to compensate mesothelioma victims. These funds are typically set aside by asbestos companies which have been bankrupted.
When pursuing an
asbestos attorney lawsuit, it is essential to consider the financial impact on the family of the victim. The reason is that mesothelioma is usually fatal and loved ones of the victim will be impacted by a substantial loss of income. This could increase the value of mesothelioma lawsuits. A mesothelioma lawyer who is experienced will ensure that all of the financial losses of the victim are considered and included in their legal claims.
Identifying Defendants who could be a potential defendant
It is important to identify any defendants who could be a factor in causing injury when filing an
asbestos settlement lawsuit. This can be done by conducting interviews and examining construction records or invoices. The defendants frequently deny they were accountable, and your lawyer will address these allegations on your behalf. As the case progresses with expert witness investigations and evidence reviews the possibility of new defendants being identified or defendants who are already in the case may be able exonerate themselves.
Many asbestos lawsuits involve a myriad of defendants. The reason for this is because asbestos lawsuits are incredibly complex and the victims' lives were impacted in various ways by asbestos exposure in various places of work. Asbestos sufferers may have worked in a shipyard, and then moved to an oil refinery, or another type of industrial plant. It is therefore essential that the lawyer for the victim determine the possible defendants to help him or she obtain the maximum amount of damages possible under state laws.
The plaintiff's lawyer must prove that defendants were negligent. This can be accomplished by proving 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.
Many factors can complicate asbestos-related cases, including the long latency times of many asbestos-related illnesses. This means that a person can 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 be required to prove the causation. This element is harder to meet because the plaintiff's doctor has to prove a connection between the defendants negligence and the patient's illness.
The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers have extensive experience in asbestos trials and have handled thousands of cases in the duration of their careers. Contact us to discuss your options if you've been injured due to asbestos exposure.
Preparing for Trial
There are many ways that family members and victims can seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers help clients determine who is liable for the asbestos exposure and file a suit in accordance with the law. The majority of asbestos cases are caused by negligence, strict liability or breach of warranty. In mesothelioma cases there are usually a variety of potential defendants.