How to Prepare an Asbestos Case
To prove that asbestos cases are successful it must be established that the victim was injured by exposure to asbestos. 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 attorney representing the plaintiff must prove that the defendant breached its duty of care.
Determining the Source of Exposure
Asbestos can be exposed in a variety of ways. The majority of asbestos-related claims are attributed to occupational exposure. This includes workers who handled asbestos-containing raw substances, workers who worked in manufacturing or processing sites for asbestos and those who resided near these facilities.
As the lawsuit progresses a lawyer must determine the exact circumstances in which the plaintiff was exposed to asbestos. During this process, it is often beneficial to interview the individual or his or her family. This can help establish the dates of exposure, the duration of exposure, and whether or it was continuous. The more details you provide to your lawyer, the better chance of winning the case.
Some asbestos-related diseases are caused by occupational exposure. Others have been exposed to asbestos through contamination of consumer products. Inhalation of asbestos is the most frequent method of exposure, and usually causes illnesses. However, contact with the skin or eating seafood that has been contaminated can also be ways of being exposed.
Asbest may cause a variety of ailments, such as mesothelioma, lung cancer and pleural lesions. Symptoms typically begin with breathing problems and coughing. Other symptoms can include abdominal pain, fatigue and loss of appetite. Some people are exposed through the air to asbestos which is naturally occurring. The low levels of exposure do not cause disease.
Hundreds of companies have used asbestos in their buildings, products and in their mining operations. Construction, shipbuilding and insulators, as as manufacturers of household products and commercial products, are all covered. Asbestos is present in a variety of building materials and drywall, and it was utilized in various electrical and plumbing applications.
Workers have suffered asbestos-related injuries in almost every field that utilizes the material. Those in the most dangerous jobs, such as asbestos miners, are more likely to develop asbestos-related diseases. However those who have been exposed to asbestos-related dust are also at risk. Because of the long time lag that asbestos-related diseases cause, patients may not be diagnosed until after their loved one has died or they reach retirement age.
The process of creating a Database
The first step in creating an asbestos claim is to gather an accurate record of the victim’s exposure. This could include interviews with coworkers as well as family members, abatement workers and other suppliers. In some instances it can take a number of years to complete this task. This is because a successful mesothelioma lawsuit will require two main pieces of evidence: proof of exposure and medical proof of disease.
A mesothelioma lawyer could assist by gaining access to proprietary databases of asbestos. These databases can be used to determine employers, companies and job sites that are liable. Mesothelioma lawyers may also examine medical records to determine the type of mesothelioma a patient is suffering from as a result of their exposure.
Once a lawyer has established mesothelioma as a diagnosis the lawyer can begin to build an asbestos claim. This will include a timeline of the patient's professional and work history, as well and identifying the asbestos-containing products they used and handled at various jobs.
This information is crucial for a mesothelioma suit as asbestos exposure can occur over the course of a number of years. This makes it difficult to pin down the specific company or employer responsible for the injury. An attorney for mesothelioma can utilize an asbestos data base to find possible defendants and build an argument that is legally strong for their client.
In some cases mesothelioma cases, the patient's condition could be the result of the combination of several asbestos-containing products. Asbestos lawyers can also use an asbestos product recall database, which 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 claim a mesothelioma trust fund claim. Trust funds are typically used to compensate mesothelioma victims. They are typically set aside by asbestos firms that have been bankrupted.
It is crucial to think about the financial consequences of an asbestos lawsuit on the loved ones of the victim. Because mesothelioma may be fatal and the family of the victim will likely face a substantial loss of income. This could significantly increase the value of a mesothelioma case. An experienced mesothelioma lawyer will make sure that all of the economic losses suffered by the victim are considered and incorporated into their legal claims.
Identifying Potential Defendants
When you file an asbestos lawsuit it is important to identify the defendants who may have contributed to the injury. This can be accomplished through interviews and a look at the construction records or purchase invoices. Your lawyer will investigate these claims on your behalf even if the defendants say they don't believe they are responsible. As the case progresses, with investigatory investigations by experts and the examination of evidence, new defendants might be discovered and existing defendants could be able to exonerate themselves.
Many asbestos lawsuits contain many potential defendants. The reason is that asbestos lawsuits are complicated and the lives of the victims were affected in different ways due to asbestos exposure at various places of work. For instance an asbestos-related victim could have worked at a shipyard and then went to work for an oil refinery, or some other kind of industrial plant. It is therefore essential that the lawyer for the victim determine all possible defendants in order to assist him or her seek the maximum amount of compensation available under state laws.
The attorney representing the plaintiff must prove that the defendants were negligent. This can be proved by proving the four elements of negligence that include the frequency of exposure (duration of exposure),
asbestos lawyer proximity to the source and lack of warnings about the asbestos-related risk.
Many factors can cause problems in asbestos cases, such as the long latency periods of many asbestos lawyer (
check out here)-related diseases. This means that an asbestos-related condition, such as mesothelioma, could be diagnosed years after the last exposure to asbestos.
In these kinds of instances, the lawyer for the victim will also need to present a case of causation. This element is more difficult to meet, because it requires that the plaintiff's doctor establish a causal link between defendant's negligence as well as the patient's illness.
Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers are experienced in asbestos trials and have handled hundreds of cases over the duration of their careers. Please contact us to discuss your options if you've been injured due to asbestos exposure.
Preparing for Trial
There are many ways that victims and their families can seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma lawyers assist clients in determining who is responsible for asbestos exposure and file suit in line with. Asbestos cases usually are focused on negligence or strict liability.