How to Prepare an Asbestos Case
A successful asbestos case is proving that a person suffered an injury because of exposure to asbestos products. This typically involves looking over a person's past work history.
It is essential to know that an asbestos claim is a product liability claim. The lawyer for the plaintiff must show that defendant violated its duty of care.
Find out the source of exposure
Asbestos may be exposed in many different ways. The majority of
asbestos law-related lawsuits are due to occupational exposure. This includes those who handled asbestos materials, those who worked in manufacturing or processing sites for asbestos as well as those who lived near these facilities.
A lawyer will need to determine the exact circumstances in which the plaintiff was exposed to asbestos in the course of pursuing the suit. It is important to speak with the individual or their loved ones during this process. This will help to establish the dates of exposure, the duration of the exposure and whether or it was continuous. The more information that is available to the attorney, the more successful the case may be.
Some asbestos-related diseases are the result of occupational exposure. Others have been exposed by contamination of consumer products. Inhalation of asbestos is the most frequent method of exposure, and usually leads to an illness. However, contact with the skin or eating seafood that has been contaminated are also ways to be exposed.
The toxicity of asbestos can result in a variety of illnesses, including mesothelioma and lung cancer as well as pleural plaques. Symptoms typically begin with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue, and loss of appetite. Some people are exposed through the air to asbestos which is naturally occurring. The small amounts of exposure do not cause any disease.
Many companies have utilized
asbestos in their products, buildings as well as in mining operations. Construction, shipbuilding and insulators, as as manufacturers of household goods and commercial products are all covered. Asbestos can be found in construction materials and drywall and it was used in various electrical and plumbing applications.
Workers have sustained asbestos-related injuries in nearly every industry that uses the material. The most hazardous jobs, such as asbestos miners, are more likely to suffer from asbestos-related illnesses. People who have been exposed to dust or debris that is asbestos-related are also at risk. Because of the long time of latency, people may not receive a diagnosis until after the death of a loved one or after they reach retirement age.
Making an Database
The first step to creating an asbestos claim is to compile an accurate record of the exposure. This could include interviews with coworkers, family as well as abatement workers and suppliers. This work can take many years in certain cases. This is because to be successful in a mesothelioma situation you require two evidence pieces.
An attorney for mesothelioma can assist by accessing asbestos databases owned by the company. These databases are used to identify employers, companies and job sites that may be liable. Mesothelioma lawyers may also examine medical documents to determine the kind of mesothelioma the patient is suffering from as a result of their exposure to.
Once a lawyer has confirmed the diagnosis of mesothelioma they can then begin the process of constructing an asbestos claim. This will include a chronological account of the patient's career and employment history, as well as identifying all asbestos-containing products they worked with and dealt with in their various jobs.
This information is essential to a mesothelioma suit because asbestos exposure can occur over a period of years. This makes it difficult to pin down the exact employer or company responsible for the injuries. An attorney for mesothelioma can utilize an asbestos database to find possible defendants and to build a strong legal case for their client.
In certain cases mesothelioma may be caused by a combination of asbestos-containing products. Asbestos lawyers may also utilize an asbestos product recall database which can be used to trace different manufacturers and job locations.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternatively, they can file a mesothelioma trust fund claim. Mesothelioma compensation from trust funds typically comes from money that was put aside by bankruptcy asbestos companies.
When considering an asbestos lawsuit,
asbestos it is essential to consider the financial impact on the family of the victim. This is because mesothelioma could be fatal and the family of the victim is likely to suffer a significant loss of income. This could significantly increase the value of a mesothelioma case. A knowledgeable mesothelioma attorney can ensure that every one of the financial losses of the victim are considered and incorporated into their legal claims.
Identifying potential defendants
It is essential to identify any defendants who may be a factor in causing injury when making an asbestos lawsuit. This can be done through interviews and a review of the purchase or construction records. Defense lawyers typically deny being accountable and your lawyer will respond to these assertions on your behalf. As the case progresses, with expert witness investigation and review of evidence, new defendants can be discovered or existing defendants could be able to exonerate themselves.
Many asbestos lawsuits contain dozens of potential defendants. The reason is that asbestos lawsuits are complicated and the lives of victims were impacted in different ways by asbestos exposure at various workplaces. Asbestos sufferers may have worked in a shipyard, and then moved to an oil refinery or a different type of industrial plant. It is therefore vital that the lawyer for the victim determine all possible defendants in order to help him or she pursue the maximum amount of damages possible under state laws.
The plaintiff's attorney must prove that the defendants were negligent. This can be done by showing 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.
Many factors can complicate asbestos cases, such as the long time of latency for many asbestos-related illnesses. This means that an individual could be diagnosed with a disease such as mesothelioma many years after the last exposure to asbestos.
In these types of cases, the attorney for the victim could also be required to make a case of causality. This is a more difficult requirement to prove, as it requires the plaintiff's doctor to establish a link between the defendant's negligence as well as the victim's health.
The lawyers of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers are experienced in
asbestos compensation-related trials and have handled thousands of cases over course of their careers. Contact us to discuss your options if suffered injuries as a result of asbestos exposure.
Prepare for Trial
There are a variety of ways family members and victims can seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers help clients determine who is liable for the asbestos exposure and file a suit in line with. Typically, asbestos cases are founded on negligence, strict liability, or breach of warranty. There are a variety of potential defendants involved in mesothelioma litigation and each state has its own laws regarding the way in which responsibilities are distributed among multiple companies.