How to Prepare an Asbestos Case
In order to prove that asbestos cases are successful, it must be proven that the person was injured through exposure to asbestos. This usually requires a review of the individual's prior work background.
It is important to know that asbestos cases are product liability claim. The lawyer for the plaintiff must show that the defendant acted in breach of its duty of care.
Identifying the source of exposure
Asbestos can be exposed in many different ways. The majority of asbestos-related lawsuits are due to occupational exposure. This includes workers who handled
asbestos Compensation raw substances, workers employed at manufacturing or processing sites for asbestos as well as those who lived near these sites.
A lawyer will need to find out the exact circumstances in which the plaintiff was exposed to asbestos as the lawsuit proceeds. In this process, it is usually beneficial to speak with the individual or his or relatives. 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 trial could be.
Certain asbestos-related cases are caused by occupational exposure. Others were exposed through contaminated consumer products. Inhalation is by far the most popular route of exposure to asbestos, and is typically the cause of illness, however contact through the skin and eating seafood that is contaminated could also be ways of exposing.
The toxicity of asbestos can result in a variety of diseases, including mesothelioma, lung cancer and pleural plaques. Symptoms typically begin with a cough and shortness of breath. Other symptoms can include abdominal pain, fatigue or loss of appetite. Some people are exposed through the air to asbestos that is naturally occurring. The very low levels of exposure do not cause any disease.
Many companies have employed asbestos in their buildings, products and in their mining operations. These include construction, shipbuilding, insulators and manufacturers of commercial and household goods. Asbestos can be found in building materials and drywall and was used in a variety of electrical and plumbing applications.
Nearly every industry that employs asbestos has had injuries related to the substance. Workers in the most hazardous jobs, such as asbestos miners, are more likely to develop asbestos-related diseases. However, those who have been exposed to other asbestos-related dust are also at risk. Because of the long delay, some victims will not be diagnosed until after the death of their loved one or they have reached retirement age.
Making the Database
The first step in creating an asbestos case is gathering a comprehensive account of the exposure of the victim. This may include interviews with family members, colleagues and abatement professionals, as well as suppliers. In certain cases it can take a number of years to complete this work. This is because to be successful in a mesothelioma case there are two evidence pieces.
A mesothelioma lawyer can help by accessing proprietary asbestos databases. These databases can be used to determine liable companies, employers and job websites. Mesothelioma attorneys may also look through medical records to determine the type of mesothelioma the patient has acquired as a result of their exposure.
If a lawyer has confirmed a mesothelioma diagnose they can begin building an
asbestos case. This includes the timeline and employment history of the patient, as well as identifying any asbestos-containing products they used or
asbestos compensation worked with in their various positions.
This information is vital for a mesothelioma case because asbestos exposure typically occurs over the course of decades. It is difficult to determine a specific employer or company that is the cause of the condition. An attorney for mesothelioma can utilize an asbestos data base to identify possible defendants, and build an effective legal case for their client.
In some instances, mesothelioma can be caused by a combination of asbestos-containing products. Asbestos lawyers can also use an asbestos product recall database that 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. Or, they could file a mesothelioma trust fund claim. Mesothelioma compensation from trust funds typically is the result of funds put aside by bankruptcy asbestos companies.
When pursuing an asbestos lawsuit it is important to think about the financial impact on the victim's family. Because mesothelioma may be fatal, and the victim's family will likely be faced with a significant loss of income. This can increase the value of mesothelioma lawsuits. A mesothelioma lawyer will make sure that the victim's financial losses are included in their legal claim.
Identifying potential defendants
When you file an
asbestos lawsuit it is crucial to determine the defendants who may have contributed to the injury. This can be accomplished by conducting interviews and examining invoices or construction records. The defendants typically deny being responsible and your lawyer will defend these allegations on your behalf. As the case progresses by conducting expert witness investigations and review of evidence, new defendants can be identified or defendants who are already in the case may be able exonerate themselves.
Many asbestos lawsuits include a multitude of defendants. The reason for this is because asbestos cases are extremely complex and the lives of victims were impacted in different ways through asbestos exposure at different places of work. Asbestos sufferers may have worked in a shipyard then transferred to an oil refinery or another kind of industrial plant. It is therefore vital that the attorney for the victim be aware of all possible defendants in order to help him or she pursue the maximum amount of damages that are available under state law.
The plaintiff's attorney must prove that the defendants acted negligently. This can be accomplished by the four elements of negligence: frequency of exposure, duration of exposure, proximity to the source of exposure, and the absence of warnings concerning the asbestos-related health risk.
Several factors can complicate an asbestos-related case, such as the long latency period of many asbestos-related diseases. This means that an individual could be diagnosed with a condition like mesothelioma for a long time after their last asbestos exposure.
In these situations the attorney representing the victim could have to prove causation. This is a harder requirement to satisfy, since it requires that the plaintiff's doctor establish a connection between defendant's negligence and the victim's illness.
The attorneys of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our attorneys have handled thousands cases over the course of their careers. They have extensive experience in asbestos litigation. Contact us today to discuss your options if you have suffered injuries as a result of asbestos exposure.
Preparing for trial
There are many ways that victims and their families may seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma lawyers help clients determine which defendants are accountable and file suit accordingly. The majority of asbestos cases are made up of negligence, strict liability, or breach of warranty. In mesothelioma-related cases, there are usually a variety of potential defendants. Each state has laws that govern how the responsibilities of multiple companies are apportioned.
The discovery process is the initial stage in a mesothelioma case.