How to Prepare an Asbestos Case
A successful asbestos case requires the proof that a person sustained an injury because of exposure to asbestos products. This usually requires a review of a person's past work history.
It is crucial to understand that asbestos claims are product-liability claim. The plaintiff's lawyer must demonstrate that the defendant acted in breach of its duty of diligence.
Determining the Source of Exposure
Asbestos exposure can happen in many ways. The majority of asbestos-related lawsuits are due to occupational exposure. This includes those who handled asbestos-containing raw substances, workers who worked at asbestos processing or manufacturing sites as well as those who lived near these facilities.
As the lawsuit progresses, a lawyer must determine the exact circumstances that led to the plaintiff was exposed to asbestos. During this process, it's often beneficial to interview the plaintiff or his or their family. This will help determine the dates, the duration and whether the exposure was continuous. The more details that can be given to the attorney, the more successful the case may be.
Some asbestos-related cases are the result of occupational exposure. Others have been exposed to asbestos through toxic consumer products. Inhalation is the primary method of exposure to asbestos and is usually the cause of illness, however contact with the skin and eating seafood that is contaminated could also be routes of exposure.
The toxic effects of asbestos can cause a variety of illnesses, such as mesothelioma, lung cancer and pleural plaques. The symptoms typically begin with a coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue or loss of appetite. Some people are exposed naturally occurring asbestos in outdoor air, and the resulting low levels of exposure are rarely linked to disease.
Many companies have employed asbestos in their products, buildings and mining operations. This includes shipbuilding, construction, insulators and manufacturers of commercial and household goods. Asbestos is found in drywall, as well as some building materials. It was also used in plumbing and electrical applications.
Workers have suffered asbestos-related injuries in virtually every industry that makes use of the material. The most at-risk employees, such as asbestos miner, are the most likely to contract diseases related to asbestos. Anyone who has been exposed to dust or asbestos-related particles are also at risk. Because of the long delay, some victims will not receive a diagnosis until after the passing of their loved one or they have reached retirement age.
The process of creating an Database
The first step in preparing an asbestos case involves making a complete account of the exposure of the victim. This could include interviews with coworkers and family members, the abatement team and suppliers. This work can take many years in certain cases. This is because, to be successful in a mesothelioma situation there are two evidence pieces.
A mesothelioma lawyer can help by gaining access to proprietary databases of asbestos. They can be used to identify responsible companies, employers and job websites. Mesothelioma lawyers can also look over medical documents to determine the kind of mesothelioma a patient has developed as a result of their exposure to.
If a lawyer has confirmed mesothelioma diagnosis the lawyer can begin constructing an asbestos case. This will include a timeline and employment history of the patient, as well identifying any asbestos-containing products that they used or worked with during their various roles.
This information is essential for a mesothelioma case because asbestos exposure can occur over the course of decades. This makes it difficult to pin down one specific employer or company responsible for the ailment. A mesothelioma lawyer can use an asbestos data base to find potential defendants and create an argument that is legally strong for their client.
In certain cases mesothelioma is caused by a combination of asbestos-containing products. Asbestos lawyers can also use an asbestos product recall database, which can be used to trace multiple manufacturers and job sites.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also file a mesothelioma trust fund claim. Trust funds are typically used to compensate mesothelioma survivors. These funds are typically reserved by asbestos-related companies which have gone bankrupt.
It is important to consider the financial consequences of an asbestos lawsuit on the loved ones of the victims. This is because mesothelioma can be fatal, and the victim's family will likely suffer a substantial loss of income. This could significantly increase the value of a mesothelioma claim. A mesothelioma attorney will ensure that the victim's financial losses are included in their legal claim.
Identifying Potential Defendants
It is important to find any defendants that may be a factor in causing injury when filing an asbestos lawsuit. This can be done by interviews as well as a review of the purchase or construction records. Your lawyer will address these claims for you even if the defendants say they don't believe they are responsible. As the case progresses, by conducting expert witness investigations and evidence reviews the possibility of new defendants being identified or defendants who are already in the case may be able exonerate themselves.
Many asbestos lawsuits involve many potential defendants. The reason for this is because asbestos cases are extremely complex and the victims' lives were affected in a variety of ways by asbestos exposure in various workplaces. For instance an asbestos victim could have worked in an industrial shipyard before moving to work for an oil refinery or another kind of industrial plant. It is therefore vital that the victim's attorney identify all possible defendants in order to help seek the maximum amount of damages that are available under state law.
The plaintiff's lawyer must show that the defendants were negligent. This can be accomplished by the four elements of negligence that include frequency of exposure and duration of exposure, proximity to the source of exposure, and the absence of warnings concerning the asbestos-related health risks.
There are many factors that can cause complications in an asbestos-related situation, including the long latency time of many asbestos-related illnesses. This means that an individual could be diagnosed with a disease such as mesothelioma many years after his or her last asbestos exposure.
In these cases the attorney for the victim may have to prove causation. This requirement is more difficult to satisfy because the plaintiff's physician must establish that there is a link between the defendant's 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 are skilled in asbestos-related trials and have handled thousands of cases over course of their careers. Please contact us to discuss your options if you've been injured by asbestos exposure.
Prepare for trial
There are a myriad of ways victims and their families could seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma attorneys help clients determine who is responsible for the asbestos exposure and file a suit in accordance with the law. The majority of asbestos cases are based on negligence, strict liability, or breach of warranty. There are often a number of potential defendants in mesothelioma lawsuits and each state has its own laws on how responsibilities are divided among several companies.
A mesothelioma lawsuit begins with the discovery process which allows the parties in the case to discover details about each other. During the discovery stage, attorneys for the plaintiffs and defendants ask questions (interrogatories) and request documents from one another. Kazan Law assists clients in gathering relevant information to build a convincing case. This includes finding out where and the date their loved ones were exposed to asbestos, as well as the names of any defendants that may be responsible.
Once they have the data, lawyers will prepare for trial. This can include setting up experts as witnesses, reviewing medical records and assembling other evidence to support the claim. According to the circumstances, trials can take weeks or even months to conclude. Fortunately, lake forest asbestos attorneys of mesothelioma cases settle before trial dates.
To be able to prove their case, mesothelioma victims must be prepared to testify at deposition. In a deposition, attorneys will question the victim under an oath about their exposure as well as medical history. It is vital that the witness be honest about what they know and do not know. For example, if a person cannot remember how they were exposed to asbestos or what happened it's not acceptable to speculate or guess.
In addition to testimony from mesothelioma survivors A seasoned lawyer may also seek out experts such as environmental and asbestos specialists, toxicologists, and life-care planners. This can help strengthen the mesothelioma lawsuit of the client and increase the odds of a favorable outcome at trial. A decision in the asbestos victim's favor could result in substantial compensation for medical expenses, funeral expenses and other financial loss. In certain states, asbestos victims may be entitled to additional compensation for their pain and suffering.