How to Prepare an Asbestos Case
A successful asbestos case involves proving that a person suffered an injury as a result of exposure to an asbestos product. This often requires looking over a person's past work history.
It's important to recognize that an asbestos case is a product liability claim. The attorney representing the plaintiff must prove that the defendant did not fulfill its duty of care.
Determining the Source of Exposure
Asbestos can be contaminated in a variety of ways. However the majority of asbestos-related claims involve occupational exposure. This includes workers who handled asbestos materials, workers who worked at asbestos processing or manufacturing sites and those who lived close to these facilities.
A lawyer will need to find out the exact circumstances in the case of exposure to asbestos while pursuing the case. In this process, it's typically beneficial to conduct an interview with the plaintiff or his or family members. This can help determine the dates, duration and if the exposure was continuous. The more information that is available to the attorney the more successful the case may be.
Certain asbestos-related illnesses are caused by occupational exposure. Others were exposed through the use of contaminated consumer products. Inhalation is the primary route of exposure to asbestos and
asbestos litigation is often the reason for illness, but contact through the skin and eating seafood that is contaminated could also be sources of exposure.
The toxic effects of asbestos can result in a variety of illnesses, including mesothelioma and lung cancer as well as pleural plaques. The symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and a loss of appetite. Some people are exposed to naturally occurring asbestos in the air outside and the resultant low levels of exposure seldom lead to a condition.
Asbest was utilized by a multitude of businesses in their construction as well as in mining operations and products. These include construction, shipbuilding and insulators, as well as manufacturers of commercial and household goods. Asbestos is present in drywall as well as other building materials. It was also used in electrical and plumbing applications.
Nearly every industry using asbestos has had injuries related to the material. The most vulnerable workers, like asbestos miner are the most likely to contract illnesses linked to asbestos. People who have been exposed to dust or debris that is asbestos-related are also at risk. Due to the lengthy time of latency, people may not be diagnosed until after the passing of a loved one, or they have reached retirement age.
The process of creating an Database
The first step in creating an asbestos case is making a complete document of the victim's exposure. This may include interviews with coworkers, family and abatement professionals, as well as suppliers. In some cases it can take years to complete this work. This is because in order to be successful in a mesothelioma cancer case you require two evidence pieces.
A mesothelioma lawyer can help by obtaining proprietary databases of asbestos. These databases can be used to find liable employers, companies and job websites. Additionally, mesothelioma lawyers may look over a patient's medical record and determine what type of mesothelioma they have developed as a result of their exposure.
After a lawyer confirms mesothelioma as a diagnosis it is possible to begin the process of building an asbestos case. This will include a timeline and employment history of the patient, as well as identifying any asbestos-containing product they worked with or around during their various roles.
This information is crucial for mesothelioma cases as asbestos exposure can occur over the course of a number of years. This makes it difficult to identify any specific company or employer responsible for the injuries. An attorney for mesothelioma can utilize an asbestos database to to identify possible defendants and construct an effective legal case on behalf of their client.
In some cases mesothelioma in a person's body could be caused by a mix of asbestos-containing products. Asbestos lawyers may also utilize an asbestos product recall database that can be used to trace various manufacturers and job sites.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They may also make a claim against mesothelioma funding. Mesothelioma compensation from trust funds usually comes from money that was saved by bankruptcy asbestos companies.
It is important to consider the financial consequences of an asbestos lawsuit on loved ones of the victim. The reason is that mesothelioma is usually fatal and the victim's loved ones will suffer a significant loss of income. This could boost the value of mesothelioma-related claims. An experienced mesothelioma lawyer will ensure that every one of the financial losses of the victim are considered and incorporated into their legal claims.
Identifying Potential Defendants
It is important to find any defendants who could be a factor in causing injury when filing an asbestos lawsuit. This can be done by conducting interviews and examining the construction records or invoices. Your lawyer will answer these claims on your behalf even if the defendants say they don't believe they are accountable. As the case develops, through investigation of expert witnesses and the review of evidence, new defendants could be identified and defendants may be able exonerate themselves.
Many asbestos lawsuits include a multitude of defendants. The reason is that asbestos lawsuits are complex, and victims' lives have been affected in different ways due to asbestos exposure. For instance an asbestos victim might have worked in a shipyard and then went to work for an oil refinery or some other kind of industrial plant. It is therefore vital that the lawyer for the victim determine the potential defendants to help seek the maximum amount of compensation available under state laws.
The plaintiff's attorney must prove that the defendants acted negligently. This is done by proving the four elements of negligence: frequency of exposure (duration of exposure) proximity to the source and absence of warnings regarding the asbestos-related danger.
Many factors can exacerbate an asbestos-related case, such as the lengthy latency period of many asbestos-related diseases. This means that a person could be diagnosed with a disease like mesothelioma a few years after his or her last asbestos exposure.
In these situations the lawyer for the victim might be required to prove causality. This requirement is more difficult to prove, as it requires that the plaintiff's doctor establish a link between the defendant's negligence and victim's health.
The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in
asbestos litigation. Our lawyers are skilled in
asbestos compensation litigation and have handled hundreds of cases over the course of their careers. We invite you to contact us to discuss your options if suffered injuries as a result of asbestos exposure.
Prepare for the Trial
There are several different ways in which families and victims can seek compensation for asbestos exposure, such as lawsuits and trust fund claims. Mesothelioma lawyers assist clients to determine who is responsible for asbestos exposure and file suit according to. Typically, asbestos cases are caused by negligence, strict liability or breach of warranty. There are often a number of potential defendants involved in mesothelioma litigation and every state has its own laws regarding how responsibilities are shared among several businesses.