How to Prepare an Asbestos Case
A successful asbestos case involves showing that an individual suffered an injury as a result of exposure to an asbestos-based product. This typically requires a review of the individual's prior work background.
It's crucial to understand that an asbestos case is a product liability claim. The plaintiff's lawyer must demonstrate that defendant violated its duty of diligence.
Determine the source of exposure
Asbestos-related exposure can occur in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. This includes those who handled asbestos materials, those who worked at asbestos processing or manufacturing sites and those who resided near these facilities.
As the lawsuit progresses, a lawyer must determine the exact circumstances under which the plaintiff was exposed to asbestos. It is important to speak with the individual or their family members during this process. This can help determine the dates, time and duration of the exposure as well as whether the exposure was continuous. The more information you give your attorney the better chance you have of winning the case.
Certain asbestos-related cases are due to occupational exposure. Others were exposed through contamination of consumer products. Inhalation is the most frequent route of exposure to asbestos, and it is usually the reason for illness, but contact with the skin and eating seafood that is contaminated could also be sources of exposure.
The toxic nature of asbestos can cause a variety of illnesses, such as mesothelioma and lung cancer as well as pleural plaques. Symptoms usually begin with shortness of breathe and coughing. Other symptoms include abdominal pain, fatigue and 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 disease.
Hundreds of companies have used asbestos in their buildings, products and in their mining operations. These include construction, shipbuilding, insulators and manufacturers of commercial and household products. Asbestos is found in some construction materials and drywall and it was utilized in various plumbing and electrical applications.
Nearly every industry using asbestos has experienced injuries due to the material. Those in the most dangerous jobs, like asbestos miners, are most likely to suffer from asbestos-related illnesses. Anyone who has been exposed to asbestos-related dust or debris are also at risk. Because of the long time of latency, people may not receive a diagnosis until after the death of their loved one or they have reached retirement age.
Developing the Database
The first step in the preparation of an asbestos claim is to compile all the details of the victim’s exposure. This can include interviews with family members, coworkers, abatement workers, and suppliers. This work can take many years in some cases. This is because to be successful in a mesothelioma situation you will require two evidence pieces.
A mesothelioma lawyer can help by obtaining asbestos databases from a private database. These databases can be used to determine employers, companies and job sites that may be liable. Furthermore, mesothelioma lawyers can examine medical records of a patient and determine what kind of mesothelioma the patient has developed because of their exposure.
Once a lawyer is able to confirm mesothelioma as a diagnosis and has been able to begin constructing an asbestos claim. This will include the timeline and employment history of the patient, along with identifying any asbestos-containing products that they worked with or around during their various roles.
This information is vital for a mesothelioma case because
Asbestos Law exposure often occurs over the course of many decades. This makes it difficult to pinpoint one specific employer or company responsible for the injury. A mesothelioma attorney can use an asbestos data base to find possible defendants and create a strong legal case for their client.
In some instances mesothelioma can have been caused by a combination of different
asbestos attorney-containing products. Asbestos lawyers may also utilize an asbestos product recall database that can be used to trace several manufacturers and job sites.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They may also claim compensation from mesothelioma trust funds. Trust funds are usually used to pay mesothelioma patients. These funds are typically set aside by asbestos companies that have gone bankrupt.
When pursuing an asbestos lawsuit when pursuing an asbestos lawsuit, it is crucial to take into account the financial burden on the family of the victim. This is because mesothelioma can be fatal, and the victim's family is likely to suffer a significant loss of income. This could significantly increase the value of a mesothelioma lawsuit. A mesothelioma attorney will ensure that the victim's financial losses are included in the legal claim.
Identifying Defendants who could be a potential defendant
When filing an
asbestos lawsuit, it is important to identify the defendants who may have contributed to the injury. This can be done by conducting interviews and examining the construction records or invoices. Defendants often deny that they were responsible, and your lawyer will defend these allegations on your behalf. As the case progresses, with expert witness investigations and review of evidence new defendants could be discovered or existing defendants could be able to discredit themselves.
Many asbestos lawsuits include a multitude of potential defendants. The reason is that asbestos lawsuits are extremely complex and the victims have suffered in a variety of ways because of asbestos exposure. For instance an asbestos victim could have worked in an industrial shipyard before moving to work at an oil refinery or some other kind of industrial plant. Therefore, it is essential that the lawyer for the victim determine the possible defendants to help him or she get the maximum amount of compensation available under state law.
The plaintiff's attorney must prove that the defendants were negligent. This can be accomplished through the four negligence elements that include frequency of exposure and duration of exposure, proximity to the source of exposure, and a deficiency of warnings about asbestos-related health risks.
Numerous factors can complicate asbestos-related cases, including the long time of latency for many asbestos-related diseases. This means that an asbestos-related disease, such as mesothelioma, can be diagnosed many years after the last asbestos exposure.
In these cases the attorney for the victim may have to prove causation. This is a harder requirement to prove, as it requires that the plaintiff's doctor establish a causal link between defendant's negligence as well as the victim's condition.
The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers are experienced in asbestos litigation and have handled thousands of cases over the course of their careers. Contact us today to discuss your options if you have been injured as a result of asbestos exposure.
Preparing for Trial
There are a variety of ways victims and their families can seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma attorneys help clients determine who is accountable for the asbestos exposure and file suit in line with. The majority of asbestos cases are founded on negligence, strict liability or breach of warranty. In mesothelioma cases, there are often a number of potential defendants.