How to Prepare an
Asbestos CaseTo prove that asbestos cases are successful the case must be proven that the victim was injured as a result of exposure to asbestos. This typically involves the review of a person's history of work.
It's important to understand that an asbestos case is a product liability claim. The plaintiff's lawyer must prove that the defendant did not fulfill its duty of care.
Determine the source of exposure
Asbestos exposure can happen in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials as well as those working in
Asbestos Lawyer manufacturing or processing sites and those who resided near to asbestos sites are all covered.
A lawyer must determine the exact circumstances under which the plaintiff was exposed to asbestos as the lawsuit proceeds. In this process, it is typically beneficial to conduct an interview with the plaintiff or his or relatives. This can help determine the dates, time and duration of the exposure as well as whether the exposure was continuous. The more information you are able to give your attorney the greater chance of winning the case.
While the vast majority of asbestos-related cases involve occupational exposure certain victims have suffered secondhand exposure and some have been exposed through products for consumers that contain asbestos. Inhalation is by far the most popular method of exposure to asbestos and is usually what causes illness, but contact through the skin and eating seafood that is contaminated could also be ways of exposure.
The toxic effects of asbestos can result in several types of diseases, including mesothelioma, lung cancer, and pleural plaques. The signs typically start with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue, and loss of appetite. Some people are exposed naturally occurring asbestos in outdoor air and the resulting lower levels of exposure rarely leads to illness.
Asbest was used by hundreds of businesses in their construction and mining operations. These include construction, shipbuilding and insulators, as well as manufacturers of commercial and household products. Asbestos is found in some building materials and drywall, and was used in a variety of electrical and plumbing applications.
Nearly every industry that utilizes asbestos has had injuries related to the substance. The most hazardous jobs, such as asbestos miners are the most likely to suffer from asbestos-related illnesses. However those who have been exposed to other asbestos-related particles are also at risk. Due to the lengthy time between latency, patients may not be diagnosed until after the passing of a loved ones or after they reach retirement age.
Developing the Database
The first step in making an asbestos claim is to compile all the details of the person's exposure. This could include interviews with coworkers, family as well as abatement workers and suppliers. This work can take many years in some cases. This is because in order to be successful in a mesothelioma situation, you need two evidence pieces.
A mesothelioma attorney can help by accessing proprietary asbestos databases. These databases can be used to identify employers, companies and job sites that are liable. Mesothelioma attorneys may also look through medical documents to determine the kind of mesothelioma the patient has acquired as a result of their exposure to.
Once a lawyer has confirmed mesothelioma is the diagnosis they can then begin the process of constructing an asbestos claim. This will include a timeline of the patient's career as well as employment history, as being able to identify all asbestos-containing items they handled and used in various positions.
This information is essential to a mesothelioma suit because asbestos exposure can occur over a long period of time. It is difficult to determine a specific employer or company as the cause of the injury. A mesothelioma lawyer could use an asbestos data base to find possible defendants and create an effective legal case for their client.
In some cases, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos lawyers may also utilize an asbestos recall database, which 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 make a mesothelioma trust fund claim. Trust funds are usually used to pay mesothelioma patients. They are typically set aside by asbestos companies that have been bankrupted.
If you are considering a lawsuit against asbestos, it is essential to think about the financial implications on the family of the victim. This is because mesothelioma could be fatal, and the victim's family will likely suffer a substantial loss of income. This can increase the value of mesothelioma lawsuits. An experienced mesothelioma attorney will make sure that all of the victim's economic losses are considered and incorporated into their legal claims.
Identifying Potential Defendants
It is essential to identify any defendants who could be a factor in causing injury when making an asbestos lawsuit. This can be accomplished through interviews, as well as through a review of the construction records or purchase invoices. Your lawyer will be able to answer these claims on behalf of you in the event that the defendants claim they are accountable. As the case progresses with expert witness investigation and evidence review new defendants could be identified or defendants who are already in the case may be able exonerate themselves.
Many asbestos lawsuits have dozens of defendants. The reason for this is because asbestos lawsuits are complicated and the lives of victims were impacted in different ways by asbestos exposure at various workplaces. For example an asbestos-related victim could have worked in the shipyard, and then moved to work for an oil refinery or other kind of industrial plant. It is therefore essential that the lawyer for the victim determine the potential defendants in order to assist in pursuing the maximum amount of damages permitted under the law of the state.
The lawyer for the plaintiff must demonstrate that the defendants were negligent. This can be done by proving the four elements of negligence: frequency of exposure, duration of exposure,
asbestos lawyer proximity to the source of exposure, and a deficiency of warnings about the asbestos-related health risk.
There are many factors that can cause complications in the asbestos case, for example the lengthy latency period of many asbestos-related ailments. This means that an asbestos-related condition like mesothelioma can be diagnosed many years after the last asbestos exposure.
In these cases, the victim's attorney may also have to make an argument for causality. This requirement is difficult to satisfy because the plaintiff's physician must establish 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 handled a multitude of cases in their careers and have experience in asbestos litigation. If you've suffered an injury through exposure to asbestos, contact us today to discuss your options for obtaining compensation.
Prepare for trial
There are many ways that victims and their families may seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma attorneys help clients determine who is accountable for the asbestos exposure and file suit accordingly. Asbestos cases are usually dependent on negligence or strict liability.