How to Prepare an Asbestos Case
A successful asbestos claim involves the evidence that proves that a person suffered an injury due to exposure to an asbestos-based product. This usually requires a review of the individual's prior work background.
It is important to know that an asbestos claim is a product liability claim. The plaintiff's lawyer must demonstrate that the defendant did not fulfill its duty of care.
Determine the source of exposure
Asbestos can be contaminated in many different ways. However, the majority of
Asbestos Lawyer-related claims involve occupational exposure. Workers who handled asbestos raw materials or worked in asbestos manufacturing or processing sites and those who resided near by are all included.
A lawyer must identify the exact circumstances under which the plaintiff was exposed to asbestos during the course of the lawsuit. It is beneficial to interview the individual or their family members during this process. This can help establish the dates of exposure, the duration of exposure and whether or not it was continuous. The more details that can be given to the attorney the more successful the case will be.
While the majority of asbestos-related cases involve occupational exposure however, some victims have had exposure from secondhand sources, and some have been exposed through the use of consumer products that are contaminated. Inhalation of asbestos is the most frequent way to be exposed and usually leads to illnesses. However, contact with the skin or eating seafood that is contaminated are also ways of being exposed.
The toxic nature of asbestos can result in several types of diseases, including mesothelioma as well as lung cancer and pleural plaques. Symptoms typically begin with shortness of breathe and coughing. Other symptoms may include abdominal pain, fatigue, and loss of appetite. Certain people are exposed to naturally occurring asbestos in outdoor air and the resulting lower levels of exposure seldom lead to a disease.
Asbest was employed by hundreds of companies in their building and mining operations. These include construction, shipbuilding, insulators and manufacturers of commercial and household products. Asbestos is present in drywall and other building materials. It was also used in plumbing and electrical applications.
Nearly every industry that utilizes asbestos has had injuries related to the substance. The most at-risk workers such as asbestos miner, are the most likely to develop diseases related to asbestos. However those who have been exposed to other asbestos-related dust are also at risk. Due to the lengthy time between latency, patients may not receive a diagnosis until after the passing of a loved one, or when they reach retirement age.
Developing an Database
The first step in creating an asbestos case is gathering a comprehensive record of the person's exposure. This can include interviews with family members, coworkers and abatement professionals, as well as suppliers. In some cases it could take a long time to complete this task. This is because a mesothelioma-related claim that is successful requires two primary elements of evidence: proof of exposure and medical proof of disease.
A mesothelioma lawyer may be able to assist by obtaining databases that are proprietary to asbestos. These databases can be used to find liable employers, companies and job sites. In addition, mesothelioma lawyers are able to examine medical records of a patient and determine what type of mesothelioma the patient has developed due to their exposure.
Once a lawyer has established a mesothelioma diagnosis they can then begin the process of constructing an asbestos claim. This includes an employment history and timeline of the patient, along with identifying any asbestos-containing product they used or worked with during their various roles.
This information is vital for a mesothelioma case because asbestos exposure can occur over the course of many decades. It is difficult to identify a specific employer or company as the cause of the injury. A mesothelioma attorney can use an asbestos data base to determine potential defendants and build an effective legal case for their client.
In some instances mesothelioma is caused by a combination of asbestos-containing products. Asbestos lawyers can also use an
asbestos legal recall database that can be used to track 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 funding. Trust funds are typically used to compensate mesothelioma survivors. These funds are typically set aside by asbestos firms that have been bankrupted.
It is important to consider the financial implications of a lawsuit involving asbestos on the victim's loved ones. Because mesothelioma may be fatal, and the victim's family will likely be faced with a significant loss of income. This can significantly increase the value of a mesothelioma case. An experienced mesothelioma lawyer will make sure that all of the victim's economic losses are considered and included in their legal claims.
Identifying Defendants who could be a potential defendant
When you file an asbestos lawsuit it is crucial to determine all defendants who could have contributed to the harm. This can be accomplished through interviews and a look at the construction records or purchase invoices. Defendants typically deny being responsible, and your lawyer will counter these allegations on your behalf. As the case proceeds, with expert witness investigation and a review of evidence and re-examination, new defendants may be identified, or existing defendants may be able to discredit themselves.
Many asbestos lawsuits have many potential defendants. It is because asbestos cases are extremely complex and the victims' lives have been affected in various ways due to asbestos exposure. For instance an asbestos victim could have worked at a shipyard and then went to work for an oil refinery or some other type of industrial plant. It is therefore essential that the victim's lawyer determine all possible defendants to help them pursue the maximum damages available under the law of the state.
The plaintiff's lawyer must show that defendants ' negligence was the cause. This can be achieved through the four elements of negligence such as frequency of exposure and duration of exposure, proximity to the source of the exposure, and a deficiency of warnings about the asbestos-related health risks.
Many factors can exacerbate an asbestos-related case, such as the lengthy latency period of various asbestos-related diseases. This means that a person can be diagnosed with a disease like mesothelioma for a long time after the last exposure to asbestos.
In these situations, the victim’s attorney may need to prove causality. This requirement is more difficult to prove because the plaintiff's doctor must prove a connection between the defendants negligence and the victim’s illness.
Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers have extensive experience in asbestos trials and have handled thousands of cases in the duration of their careers. We invite you to contact us to discuss your options if been injured as a result of asbestos exposure.
Preparing for trial
There are a myriad of ways victims and their families may seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers assist clients to determine who is responsible for the asbestos exposure and file suit accordingly. Asbestos cases usually are dependent on negligence or strict liability. In mesothelioma cases, there are often a number of potential defendants.