How to Prepare an Asbestos Case
A successful asbestos case requires proving that a person suffered an injury as a result of exposure to asbestos products. This often requires review of a person's employment history.
It's crucial to understand that an asbestos case is a product liability claim. The plaintiff's lawyer must prove that the defendant breached its obligation of care.
Determine the source of exposure
Asbestos exposure can be triggered in a variety of ways. However, the majority of asbestos-related claims involve occupational exposure. Workers who handled asbestos raw materials and those who worked in asbestos processing or manufacturing sites as well as those who lived near by are all included.
As the lawsuit develops, lawyers must determine the specific circumstances under which the plaintiff was exposed to asbestos. During this process, it is often helpful to interview the individual or his or her family. This will help determine the dates, time and duration of the exposure as well as whether the exposure was continuous. The more information you provide to your attorney the greater chance of winning the case.
Some asbestos-related cases are the result of occupational exposure. Others have been exposed due to contamination of consumer products. Inhalation is the primary route of exposure to asbestos and is often what causes illness, but dermal contact and eating seafood that has been contaminated can be ways of exposure.
The toxic effects of asbestos can cause various types of illnesses, such as mesothelioma as well as lung cancer and plaques in the pleura. The symptoms typically begin with a breathing problems and coughing. Other symptoms can include abdominal pain, fatigue, and loss of appetite. Certain people are exposed to naturally occurring asbestos in the air outside and the resulting low levels of exposure do not usually lead to disease.
Asbest was employed by hundreds of businesses in their construction and mining operations. Construction, shipbuilding and insulators, as as manufacturers of household products as well as commercial products, are all included. Asbestos is found in drywall and some building materials. It was also utilized in plumbing and electrical applications.
Nearly every industry that uses asbestos has had to deal with injuries related to the substance. The most at-risk employees, like asbestos miner are the most likely to contract ailments linked to asbestos. People who have been exposed to dust or debris that is asbestos-related are also at risk. Due to the long latency the victims might not be diagnosed until after their loved ones have passed away or they attain retirement age.
Making an Database
The first step in creating an asbestos case is gathering a comprehensive document of the victim's exposure. This can include interviews with relatives, coworkers and abatement professionals, as well as suppliers. This can take a number of years in certain cases. This is because in order to be successful in a mesothelioma case you will require two evidence pieces.
A mesothelioma lawyer could assist by gaining access to proprietary databases of asbestos. These databases can be used to identify employers, companies and websites that are responsible for. Furthermore, mesothelioma lawyers can look over medical records of patients and determine what kind of mesothelioma has developed due to their exposure.
After a lawyer confirms a mesothelioma diagnose the lawyer can begin constructing an asbestos case. This will include the timeline and employment history of the patient, along with identifying any asbestos-containing items they used or worked with in different jobs.
This information is essential to a mesothelioma case as asbestos exposure can occur over a period of years. It is difficult to identify a specific employer or company as the source of the injury. A mesothelioma lawyer can use an asbestos database to help identify possible defendants and build an effective legal argument on behalf of their client.
In some cases, mesothelioma can be caused by a combination of asbestos-containing products. Asbestos attorneys may also utilize the database of asbestos-containing product recalls, which could be utilized by multiple companies and work sites.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternately, they may make a mesothelioma trust fund claim. Trust funds are generally used to pay mesothelioma patients. These funds are usually put aside by asbestos companies which have gone bankrupt.
It is important to consider the financial impact of an asbestos lawsuit on the victim's loved ones. This is because mesothelioma can be fatal, and the victim's family will likely face a substantial loss of income. This can significantly increase the value of a mesothelioma lawsuit. A knowledgeable mesothelioma attorney can make sure that all of the victim's economic losses are considered and included in their legal claims.
Identifying Defendants who could be a potential defendant
It is important to find any defendants that may have contributed to the injury when making an
asbestos legal lawsuit. This can be done by conducting interviews and examining construction records or invoices. Defense attorneys typically deny being responsible, and your lawyer will respond to these assertions on your behalf. As the case proceeds, with expert witness investigations and review of evidence, new defendants can be discovered or existing defendants could be able exonerate themselves.
Many asbestos lawsuits include a multitude of potential defendants. The reason for this is because asbestos cases are extremely complex and the victims' lives were affected in different ways through asbestos exposure at different workplaces. Asbestos victims may have worked in a shipyard then transferred to an oil refinery, or another type of industrial plant. It is therefore vital that the victim's attorney identify any potential defendants to help obtain the maximum amount of damages that are available under state laws.
The plaintiff's lawyer must show 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 asbestos-related risk.
There are many factors that can cause complications in asbestos cases, for example, the long time of latency for many asbestos-related diseases. This means that an individual could be diagnosed with a disease such as mesothelioma years after their last exposure to asbestos.
In these cases, the victim’s attorney may have to prove causation. This element is harder to satisfy because the plaintiff's physician has to establish a connection between the defendants negligence and the victim’s illness.
The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in
asbestos litigation. Our lawyers have experience in asbestos litigation and have handled thousands of cases over course of their careers. If you've been injured through exposure to asbestos, call us today to discuss your options in obtaining compensation.
Preparing for the Trial
There are a variety of ways that families of victims can claim compensation for asbestos exposure, including lawsuits and trust fund claims. Mesothelioma lawyers assist clients to determine who is liable for the asbestos exposure and file suit in accordance with the law. Most asbestos cases are made up of negligence, strict liability, or breach of warranty. In mesothelioma-related cases, there are often many potential defendants. Each state has laws governing how the responsibilities of various companies are apportioned.