How to Prepare an Asbestos Case
A successful asbestos case involves showing that an individual suffered an injury as a result of exposure to an asbestos product. This usually involves reviewing a person's work history.
It is essential to know that an asbestos claim is a product-liability claim. The plaintiff's lawyer must demonstrate that the defendant did not fulfill its duty of care.
Determining the Source of Exposure
Asbestos can be exposed in a variety of ways. However the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials or worked in asbestos processing or manufacturing sites and those who resided near by are all included.
A lawyer will need to find out the exact circumstances in which the plaintiff was exposed to asbestos during the course of the lawsuit. In this process, it is typically beneficial to conduct an interview with the plaintiff or his or family members. This will help determine the dates of exposure, the length of exposure, and whether or not it was continuous. The more information that is available to the attorney, the more successful the trial could be.
Some asbestos-related cases are due to occupational exposure. Others have been exposed to asbestos through contamination of consumer products. Inhalation is the primary route of exposure to asbestos, and is typically the cause of illness, however dermal contact and eating contaminated seafood can also be ways of exposing.
The toxic effects of asbestos can cause various types of diseases, including mesothelioma as well as lung cancer and
Asbestos claim pleural plaques. The signs typically start with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue and loss of appetite. Some people are exposed via the air to asbestos which is naturally occurring. The low levels of exposure do not cause any disease.
Many companies have utilized asbestos in their products, buildings and mining operations. These include construction, shipbuilding insulation, and producers of commercial and household items. Asbestos is present in drywall and some building materials. It was also used in plumbing and electrical applications.
Workers have suffered injuries related to asbestos in nearly every industry which uses the substance. Workers in the most hazardous jobs, like asbestos miners, are more likely to contract asbestos-related ailments. People who have been exposed to dust or debris that is asbestos-related are also at risk. Because of the long latency period, victims may not receive a diagnosis until after the death of their loved one or after they reach retirement age.
Developing an Database
The first step in creating an asbestos claim is gathering all the details of the person's exposure. This could include interviews with co-workers, family members, abatement workers and other suppliers. In certain cases it can take years to complete this task. This is because in order to be successful in a mesothelioma cancer case, you need two pieces of evidence.
A mesothelioma lawyer can help by gaining access to proprietary databases of asbestos. They can help determine liable companies, employers and job websites. In addition, mesothelioma lawyers are able to look over a patient's medical record and determine the type of mesothelioma has developed as a result of their exposure.
Once a lawyer has established mesothelioma as a diagnosis the lawyer can begin to build an
asbestos claim. This will include a chronological account of the patient's career as well as work history, as well in identifying any asbestos-containing products they worked with and dealt with at various jobs.
This information is important for a mesothelioma lawsuit because asbestos exposure is often a part of the course of decades. It is difficult to pinpoint a specific employer or company as the cause of the disease. A mesothelioma lawyer could use an asbestos data base to identify possible defendants, and then build an argument that is legally strong for their client.
In some cases mesothelioma is caused by a combination of asbestos-containing products. Asbestos lawyers also have access to an asbestos product recall database that can be used to trace various manufacturers and job sites.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternately, they may submit a mesothelioma-related trust fund claim. Mesothelioma compensation from trust funds usually comes from the funds set aside by bankrupt asbestos companies.
It is important to consider the financial consequences of an asbestos lawsuit on the loved ones of the victims. Because mesothelioma may be fatal and the family of the victim will likely be faced with a significant loss of income. This can increase the value of mesothelioma lawsuits. A mesothelioma attorney will ensure that the financial losses of the victim are included in their legal claim.
Identifying potential defendants
It is crucial to determine the defendants who might have contributed to the injury when filing an asbestos lawsuit. This can be done through interviews, as well as through a review of the construction records or purchase invoices. Your lawyer will investigate these claims on behalf of you in the event that the defendants claim they are responsible. As the case progresses with expert witness investigation and evidence review, 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 settlement lawsuits are extremely complex and the victims suffer in various ways due to asbestos exposure. For example an asbestos victim might have worked at a shipyard and then went to work for an oil refinery, or some other kind of industrial plant. Therefore, it is essential that the attorney representing the victim identify the possible defendants to help him or she obtain the maximum amount of damages available under state laws.
The plaintiff's attorney must prove that the defendants acted negligently. This is done 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.
Many factors can exacerbate the asbestos case, for example the lengthy latency period of various asbestos-related diseases. This means that an asbestos-related illness, such as mesothelioma, could be diagnosed years after the last asbestos exposure.
In these instances the attorney representing the victim could be required to prove the causality. This requirement is more difficult to satisfy, since it requires that the plaintiff's physician establish a connection between defendant's negligence as well as the victim's illness.
The lawyers of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in
asbestos litigation. Our lawyers have extensive experience in asbestos litigation and have handled thousands of cases over the time of their careers. If you've been injured due to exposure to asbestos, contact us today to discuss your options for obtaining compensation.
Preparing for trial
There are several different ways in which families and victims can claim compensation for asbestos exposure, such as trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining who is responsible for asbestos exposure and file a suit in accordance with the law. Most asbestos cases are based on negligence, strict liability, or breach of warranty. In mesothelioma lawsuits, there are usually a variety of potential defendants. Each state has laws governing the way in which the responsibilities of several corporations are divided.