How to Prepare an Asbestos Case
To prove that asbestos cases are successful it must be proved that the person was injured due to exposure to asbestos. This typically requires a review of the person's previous work history.
It is important to be aware that asbestos claims are product-liability claim. The lawyer for the plaintiff must show that the defendant did not fulfill its duty of care.
Determining the Source of Exposure
Asbestos may be exposed in a variety of ways. The majority of asbestos-related claims are related to occupational exposure. This includes those who handled asbestos-containing raw materials, employees employed at asbestos processing or manufacturing facilities and those who lived near these facilities.
A lawyer must find out the exact circumstances in which the plaintiff was exposed to asbestos as the lawsuit proceeds. It is helpful to interview either the individual or their family during this process. This will help determine the dates, the duration and whether the exposure was continuous. The more information you provide to your lawyer more likely you are of winning the case.
While the vast majority of asbestos-related cases involve work exposure but some victims have also experienced exposure to asbestos through the air and have been exposed through products that are contaminated for consumption. Inhalation is the most common route of exposure to asbestos and is often the reason for illness, but contact with the skin and eating seafood that is contaminated could also be routes of exposure.
Asbest may cause a variety of ailments that include mesothelioma, cancer of the lung and the pleural lesions. Symptoms usually begin with shortness of breathe and coughing. Other symptoms include abdominal pain, fatigue, and a decrease in appetite. Certain people are exposed to naturally occurring asbestos in outdoor air, and the resulting low levels of exposure are rarely linked to disease.
Hundreds of companies have used asbestos in their products, buildings and in their mining operations. Shipbuilding, construction and insulators, as as manufacturers of household items and commercial items, are all covered. Asbestos can be found in building materials and drywall and it was used in various plumbing and electrical applications.
Nearly every industry using asbestos has experienced injuries due to the material. The most at-risk employees, such as asbestos miner, are the most likely to develop diseases linked to asbestos. People who have been exposed to dust or asbestos-related particles are also at risk. Due to the lengthy time between latency, patients may not be diagnosed until after the passing of a loved one or after they reach retirement age.
Making the Database
The first step in the process of preparing an
asbestos legal claim is gathering a comprehensive record of the person's exposure. This can include interviews with relatives, coworkers or abatement workers as well as suppliers. The process can take several years in certain instances. This is because a successful mesothelioma claim requires two key pieces of evidence in order to prove exposure and medical proof of the disease.
A mesothelioma lawyer can assist by obtaining asbestos databases from a private database. These databases can be used to determine employers, companies, and job sites that may be liable. Mesothelioma lawyers can also look over medical documents to determine the kind of mesothelioma the patient is suffering from as a result of their exposure.
Once a lawyer is able to confirm mesothelioma as a diagnosis the lawyer can begin to build an asbestos claim. This will include the timeline and employment history of the patient, as well as identifying any asbestos-containing products they used or worked with in different jobs.
This information is important for a mesothelioma case because asbestos exposure can occur over the course of many decades. It is difficult to pinpoint a specific employer or business as the source of the disease. A mesothelioma lawyer can use an asbestos database to help identify possible defendants and build a strong legal argument on behalf of their client.
In some instances mesothelioma in a person's body could be the result of a combination of different asbestos-containing products. Asbestos lawyers also have access to an asbestos recall database which can be used to track 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 comes from the funds set aside by bankrupt asbestos companies.
When pursuing an asbestos lawsuit when pursuing an
asbestos lawsuit, it is crucial to think about the financial implications on the victim's family. The reason is that mesothelioma can be fatal and the family members of the victim will be impacted by a substantial loss of income. This can greatly increase the value of a mesothelioma lawsuit. A mesothelioma lawyer will ensure that the victim's financial losses are included in the legal claim.
Identifying Potential Defendants
When filing an asbestos lawsuit, it is crucial to determine the defendants who may have contributed to the harm. This can be done by interviews as well as a review of the purchase or construction records. Defense lawyers typically deny being accountable and your lawyer will counter these assertions on your behalf. As the case proceeds, with expert witness investigation and a review of evidence, new defendants can be identified or defendants who are already in the case may be able to discredit themselves.
Many asbestos lawsuits involve a myriad of potential defendants. The reason is that asbestos lawsuits are complicated, and victims suffer in a variety of ways because of asbestos exposure. For instance an asbestos victim could have worked at an industrial shipyard before moving to work for an oil refinery or some other kind of industrial plant. Therefore, it is essential that the victim's lawyer determine all possible defendants to help him or her pursue the maximum amount of damages permitted under the law of the state.
The attorney for the plaintiff must demonstrate that the defendants were negligent. This can be achieved through the four negligence elements which include the frequency of exposure and duration of exposure proximity to the source of exposure and the absence of warnings about asbestos-related health risk.
Many factors can cause problems in asbestos cases, including the long time of latency for many asbestos-related diseases. This means that an asbestos-related illness like mesothelioma could be diagnosed years after the last asbestos exposure.
In these instances the lawyer for the victim might be required to prove the causation. This is a more difficult requirement to satisfy, since it requires the plaintiff's doctor to establish a connection between the defendant's negligence as well as the victim's illness.
The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers have extensive experience in asbestos-related trials and have handled thousands of cases over time of their careers. If you've been injured through exposure to asbestos, get in touch with us now to discuss your options for obtaining compensation.
Prepare for Trial
There are several different ways victims and their families can claim compensation for asbestos exposure, including trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining the defendants who are responsible and file suit accordingly. Typically, asbestos cases are founded on negligence, strict liability, or breach of warranty.