How to Prepare an Asbestos Case
A successful asbestos case requires proving that a person suffered an injury as a result of exposure to an asbestos product. This often requires the review of a person's history of work.
It is crucial to understand that an
asbestos claim is a product liability claim. The lawyer for the plaintiff must show that the defendant acted in breach of its duty of care.
Determining the Source of Exposure
Asbestos is a substance that can be exposed in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. This includes those who handled raw asbestos substances, workers who worked in manufacturing or processing sites for asbestos and those who lived near these facilities.
A lawyer will need to determine the exact circumstances under which the plaintiff was exposed to asbestos during the course of the lawsuit. It is beneficial to interview either the person or their loved ones during this process. This will help establish the dates, duration and whether the exposure was continuous. The more information you provide to your attorney the better chance you have of winning the case.
The majority of asbestos-related cases involve occupational exposure however,
asbestos some victims have had secondhand exposure and some were exposed through the use of products that are contaminated for consumption. Inhalation is the most common way to be exposed to asbestos, and is typically the reason for illness, but contact with the skin and eating seafood that is contaminated can also be ways of exposure.
Asbest may cause a variety of ailments that include mesothelioma, lung cancer, and pleural lesions. Symptoms typically begin with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue and loss of appetite. Some people are exposed by the air to asbestos that is naturally occurring. The very low levels of exposure to asbestos do not cause illness.
Asbest was employed by hundreds of companies in their building as well as in mining operations and products. These include construction, shipbuilding insulation, and producers of commercial and household items. Asbestos is found in drywall as well as other building materials. It was also used in plumbing and electrical applications.
Workers have suffered asbestos-related injuries in almost every industry that makes use of the material. The most at-risk workers such as asbestos miner are most likely to develop ailments linked to asbestos. However, those who have been exposed to asbestos-related materials are also at risk. Due to the lengthy latency period, victims may not be diagnosed until the time of the death of their loved one or when they reach retirement age.
The process of creating an Database
The first step in preparing an asbestos case involves collecting a comprehensive account of the exposure of the victim. This could include interviews with co-workers as well as family members, contractors and abatement workers. This work can take many years in certain cases. This is because, to be successful in a mesothelioma cancer case you will require two evidence pieces.
A mesothelioma attorney can help by accessing proprietary asbestos databases. These databases can be used to identify companies, employers, and job sites that are liable. Furthermore, mesothelioma lawyers can look over a patient's medical record and determine the type of mesothelioma they have 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 will include a timeline and employment history of the patient, as well identifying any asbestos-containing product they used or worked with in various jobs.
This information is essential for a mesothelioma case because asbestos exposure typically occurs over the course of decades. It is difficult to pinpoint a specific employer or business as the source of the condition. A mesothelioma lawyer can use an asbestos database to help find potential defendants and create an effective legal argument on behalf of their client.
In some cases mesothelioma can result by a combination of asbestos-containing products. Asbestos lawyers may also make use of an asbestos database that contains asbestos product recalls, which can be utilized by multiple manufacturing companies and workplaces.
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. Trust funds are typically used to compensate mesothelioma victims. These funds are typically set aside by asbestos firms which have gone bankrupt.
It is crucial to think about the financial consequences of an asbestos lawsuit on the victim's loved ones. This is because mesothelioma could be fatal, and the victim's family will likely suffer a substantial loss of income. This can significantly increase the value of a mesothelioma suit. A mesothelioma lawyer will make sure that the financial losses of the victim are included in the legal claim.
Identifying Defendants who could be a potential defendant
When making an asbestos lawsuit, it is essential to identify 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. Your lawyer will investigate these claims on behalf of you even if the defendants say they don't believe they are accountable. As the case progresses, with expert witness investigations and a review of evidence, new defendants can be identified, or existing defendants may be able to exonerate themselves.
Many asbestos lawsuits have dozens of potential defendants. The reason is that asbestos cases are complex and the lives of the victims were impacted in various ways by asbestos exposure in various places of work. For instance an asbestos victim could have worked in a shipyard and then went to work at an oil refinery, or some other kind of industrial plant. It is therefore essential that the lawyer for the victim determine the possible defendants to assist the victim in attempting to pursue the maximum amount of damages possible under state laws.
The plaintiff's lawyer must show that defendants ' negligence was the cause. This can be accomplished by showing the four elements of negligence that include the frequency of exposure (duration of exposure), proximity to the source, and absence of warnings regarding the asbestos-related risk.
There are many factors that can cause complications in the asbestos case, for example the lengthy latency period of many asbestos-related diseases. This means that an individual could be diagnosed with a condition such as mesothelioma years after their last exposure to asbestos.
In these cases, the attorney for the victim must also make an argument for causation. This element is more difficult to prove, as it requires that the plaintiff's doctor establish a causal link between defendant's negligence and the victim's health.
The attorneys of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in
asbestos litigation. Our lawyers are skilled in asbestos-related trials and have handled thousands of cases over duration of their careers. Contact us to discuss your options if been injured due to asbestos exposure.
Prepare for the trial
There are a variety of ways victims and their families may seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers assist clients in determining the defendants who are responsible and file suit accordingly. Most asbestos cases are caused by negligence, strict liability or breach of warranty. In mesothelioma cases there are usually a variety of potential defendants.