How to Prepare an Asbestos Case

A successful asbestos case involves the proof that a person sustained an injury from exposure to an asbestos-based product. This usually involves a review of the individual's prior Asbestos Claim work background.

It is important to know that asbestos cases are product liability claim. The plaintiff's attorney must prove that the defendant did not fulfill its obligation of care.

Determine the source of exposure

Asbestos-related exposure can occur in many ways. However the majority of asbestos-related claims involve occupational exposure. This includes those who handled asbestos law-containing raw materials, workers employed at asbestos processing or manufacturing facilities as well as those who lived near these sites.

As the lawsuit develops, an attorney must determine the specific circumstances under which the plaintiff was exposed to asbestos. It is beneficial to interview either the person or their family members during this process. This will help to establish the dates of exposure, as well as the duration of exposure and whether or not it was continuous. The more details you provide to your attorney, the better chance of winning the case.

Some asbestos-related cases are caused by occupational exposure. Others have been exposed to asbestos through contaminated consumer products. Inhalation is by far the most popular method of exposure to asbestos, and is typically what causes illness, but contact with the skin or eating seafood that is contaminated could also be ways of exposing.

Asbest can cause several illnesses including mesothelioma, lung cancer and Pleural lesions. Symptoms usually begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and a loss of appetite. Certain people are exposed to naturally occurring asbestos in the air outside and the resulting lower levels of exposure seldom lead to a condition.

Asbest was employed by a variety of businesses in their construction, products and mining operations. This includes shipbuilding, construction insulation, manufacturers of commercial and household items. Asbestos is found in some construction materials and drywall and was used in various electrical and plumbing applications.

Workers have suffered injuries related to asbestos in virtually every industry that makes use of the material. The most vulnerable workers, like asbestos miner, are the most likely to develop illnesses linked to asbestos. If you've been exposed dust or debris that is asbestos-related 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 claim is collecting a comprehensive document of the victim's exposure. This could include interviews with family members, colleagues and abatement professionals, as well as suppliers. The process can take several years in certain instances. This is because a successful mesothelioma lawsuit will require two main pieces of evidence that prove 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 employers, companies, and job sites that are liable. Mesothelioma attorneys can also review medical documents to determine the kind of mesothelioma which a patient is suffering from as a result of their exposure.

Once a lawyer has established mesothelioma as a diagnosis they can then begin the process of constructing an asbestos claim. This will include a timeline of the patient's professional and employment history, as and identifying the asbestos-containing products they worked with and dealt with at various jobs.

This information is essential to a mesothelioma case because asbestos exposure can occur over a period of years. It is difficult to pinpoint a specific employer or company as the cause of the ailment. A mesothelioma lawyer can use an asbestos database to help to identify possible defendants and construct an effective legal argument on behalf of their client.

In some instances mesothelioma can result by a combination or different asbestos-containing products. Asbestos lawyers can also make use of the database of asbestos-containing product recalls that can be used by a variety of companies and work sites.

Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternately, they may claim a mesothelioma trust fund claim. Trust funds are usually used to compensate mesothelioma victims. These funds are usually set aside by asbestos firms which have gone bankrupt.

When pursuing an asbestos lawsuit it is important to think about the financial impact on the victim's family. This is because mesothelioma can be fatal, and the victim's family is likely to suffer a significant loss of income. This could increase the value of mesothelioma lawsuits. An experienced mesothelioma attorney will ensure that all of the financial losses suffered by the victim are taken into consideration and incorporated into their legal claims.

Identifying Potential Defendants

It is important to identify any defendants who may be a factor in causing injury when filing an asbestos lawsuit. This can be done by interviews and a review of the purchase or construction records. Defense attorneys frequently deny they were accountable and your lawyer will counter these allegations on your behalf. As the case proceeds, with expert witness investigations and review of evidence new defendants could be identified, or existing defendants may be able to discredit themselves.

Many asbestos lawsuits have dozens of potential defendants. The reason for this is because asbestos lawsuits are incredibly complex and the lives of the victims were affected in different ways due to asbestos exposure at various workplaces. For instance an asbestos victim could have worked at the shipyard, and then moved to work at an oil refinery or another type of industrial plant. Therefore, it is imperative that the victim's lawyer identify the potential defendants in order to help him or her pursue the maximum amount of damages allowed under state law.

The plaintiff's attorney must prove that the defendants were negligent. This can be proved by proving the four elements of negligence which include frequency of exposure (duration of exposure), proximity to the source, and insufficient warnings about the asbestos-related risk.

Several factors can complicate an asbestos-related situation, including the long latency time of many asbestos-related ailments. This means that someone could be diagnosed with a condition like mesothelioma for a long time after his or her last exposure to asbestos.

In these cases, the victim’s attorney may be required to prove causality. This element is harder to prove since the plaintiff's doctor must prove a connection between the defendants negligence and the illness of the victim.

The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our attorneys have handled thousands cases in their careers and are experts in asbestos litigation. Please contact us to discuss your options if suffered injuries as a result of asbestos exposure.

Preparing for Trial

There are several different ways that families of victims can claim compensation for asbestos attorney exposure, such as lawsuits and trust fund claims. Mesothelioma attorneys help clients determine who is responsible for the asbestos exposure and file a suit in line with. Asbestos cases usually are focused on negligence or strict liability. In mesothelioma cases, asbestos claim there are usually a variety of potential defendants. Each state has laws that regulate how the responsibilities of various corporations are divided.

The mesothelioma lawsuit starts with the discovery process which allows the parties involved in a case to find out details about each other. During the discovery phase attorneys representing the plaintiffs and defendants ask questions (interrogatories) and seek documents from one another. Kazan Law helps clients gather relevant information to build a convincing case on their behalf. This includes determining where and the date their loved ones were exposed to asbestos, and the names of any defendants that might be responsible.

After obtaining the information, lawyers will prepare for trial. This may include gathering expert witnesses, reviewing medical records, as well as gathering other evidence to support the claim. Trials can last for days or even months depending on the circumstances. Fortunately that the majority of mesothelioma lawsuits are settled prior trial dates.

In order to demonstrate their case, mesothelioma patients must be prepared for deposition. In the deposition, attorneys will ask questions under oath to the patient about their exposure and medical background. It is essential for the witness to be transparent about what they know and don't. It is not acceptable for witnesses to guess or speculate for instance, if they can't recall the exact time or date they were questioned.

In addition to testimony from mesothelioma survivors, an experienced lawyer will also consult experts like asbestos and environmental specialists along with toxicologists and life-care planning experts. This can strengthen the client's mesothelioma claims and increase the probability of a favorable outcome at trial. A verdict in favor of the asbestos patient could result in a substantial settlement to pay for medical costs, funeral expenses and other financial loss. In certain states, asbestos victims could be eligible to receive additional damages for suffering and pain.