How to Prepare an Asbestos Case
A successful asbestos case is the evidence that proves that a person suffered an injury because of exposure to an asbestos product. This usually requires a thorough review of a person's work background.
It is essential to know that an asbestos claim is a product liability claim. The lawyer representing the plaintiff must prove that defendant violated its duty of care.
Determining the Source of Exposure
Asbestos can be contaminated in a variety of ways. The majority of asbestos-related claims relate to occupational exposure. This includes workers who handled asbestos-containing raw materials, employees employed at manufacturing or processing sites for asbestos as well as those who lived near these sites.
A lawyer will need to determine the exact circumstances in which the plaintiff was exposed to asbestos while pursuing the case. In this process, it is often helpful to interview the individual or his or their family. This can help establish the dates of exposure, as well as the duration of the exposure and whether or not it was continuous. The more details you give to your attorney more likely you are of winning the case.
Certain asbestos-related cases are due to occupational exposure. Others have been exposed by contaminated consumer products. Inhalation of asbestos is the most frequent way to be exposed, and typically causes sickness. However, contact with the skin or eating contaminated seafood are also ways to be exposed.
The toxicity of asbestos can result in a variety of diseases, including mesothelioma, lung cancer, and plaques in the pleura. Symptoms typically begin with breathing problems and coughing. Other symptoms include abdominal pain, fatigue and a loss of appetite. Certain people are exposed to naturally occurring asbestos in outdoor air and the resulting low levels of exposure rarely leads to a condition.
Hundreds of companies have used asbestos in their products, buildings and in their mining operations. Shipbuilding, construction and insulators, as well as manufacturers of household goods and commercial products, are all covered. Asbestos can be found in drywall, as well as some building materials. It was also used in plumbing and electrical applications.
Workers have sustained asbestos-related injuries in almost every industry that utilizes the material. The most hazardous jobs, like asbestos miners are the most likely to suffer from asbestos-related illnesses. However, those who have been exposed to asbestos-related debris are also at risk. Due to the lengthy delay, some victims will not be diagnosed until after the passing of their loved one or after they reach retirement age.
In the process of developing the Database
The first step in the process of preparing an asbestos claim is collecting a comprehensive document of the victim's exposure. This may include interviews with family members, coworkers, abatement workers, and suppliers. This work can take many years in certain instances. This is because to be successful in a mesothelioma situation there are two evidence pieces.
A mesothelioma lawyer may be able to assist by obtaining databases that are proprietary to asbestos. These databases can be used to identify companies, employers and job sites that are accountable. In addition, mesothelioma lawyers are able to look over medical records of patients and determine the type of mesothelioma they have developed due to their exposure.
After a lawyer has confirmed mesothelioma is the diagnosis and has been able to begin constructing an
asbestos claim. This includes a timeline and employment history of the patient, in addition to identifying any asbestos-containing product they worked with or around during their various roles.
This information is important for a mesothelioma lawsuit because asbestos exposure often occurs over the course of many decades. It is difficult to identify a specific company or business as the source of the ailment. A mesothelioma lawyer can use an asbestos data base to find possible defendants and to build an argument that is legally strong for their client.
In some instances mesothelioma is caused by a combination of asbestos-containing products. Asbestos lawyers can also make use of an
asbestos attorney product recall database that can be used to trace various manufacturers and job sites.
asbestos attorney victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They may also file a claim against mesothelioma funding. Trust funds are typically used to pay mesothelioma patients. They are typically reserved by asbestos-related companies which have been bankrupted.
In the event of pursuing an asbestos lawsuit, it is essential to take into account the financial burden on the victim's family. The reason is that mesothelioma often kills and loved ones of the victim will suffer a significant loss of income. This can increase the value of mesothelioma claim. An experienced mesothelioma attorney will make sure that all of the victim's economic losses are considered and incorporated into their legal claims.
Identifying Potential Defendants
When filing an asbestos lawsuit, it is important to identify all defendants who could have contributed to the injury. This can be accomplished through interviews, as well as through a review of the purchase or construction records. Defendants often deny that they were accountable and your lawyer will respond to these assertions on your behalf. As the case proceeds, by conducting expert witness investigations and evidence review new defendants could be discovered, and defendants already in the court may be able exonerate themselves.
Many asbestos lawsuits involve dozens of potential defendants. The reason is that asbestos lawsuits are incredibly complex, and victims suffer in a variety of ways because of asbestos exposure. For instance, an asbestos victim may have worked at an shipyard before going to work at an oil refinery or some other kind of industrial plant. It is therefore crucial that the lawyer for the victim determine any potential defendants to assist the victim in attempting to seek the maximum amount of damages that are available under state law.
The lawyer representing the plaintiff must prove that the defendants acted negligently. This is done by showing the four elements of negligence: frequency of exposure (duration of exposure), proximity to the source and lack of warnings about the asbestos-related danger.
Numerous factors can complicate asbestos-related cases, including the long latency times of many asbestos-related diseases. This means that an individual could be diagnosed with a condition like mesothelioma for a long time after their last exposure to asbestos.
In these types of cases, the attorney representing the victim could also be required to make the case of causality. This requirement is difficult to meet because the plaintiff's physician has to establish an association between the defendant's negligence and the illness of the victim.
Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers are skilled in asbestos litigation and have handled thousands of cases over time of their careers. We invite you to contact us to discuss your options if you've suffered injuries as a result of asbestos exposure.
Prepare for Trial
There are a variety of ways victims and their families could seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma lawyers help clients determine which defendants are liable and bring suit in line with. Asbestos cases usually are founded on negligence or strict liability. In mesothelioma cases, there are usually a variety of potential defendants.