How to Prepare an Asbestos Case
In order to prove that asbestos cases are successful it must be proved that the victim was injured through exposure to asbestos. This usually involves a review of the person's previous work history.
It is essential to know that an
asbestos claim is a product-liability claim. The plaintiff's attorney must demonstrate 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 and those who lived near to asbestos sites are all covered.
A lawyer will need to determine the exact circumstances under which the plaintiff was exposed to asbestos as the lawsuit proceeds. It is important to speak with the plaintiff or their family during this process. This will help to establish the dates of exposure, the time of exposure and whether or not it was continuous. The more details that can be provided to the attorney the more successful the trial could be.
While the majority of asbestos-related cases involve work exposure but some victims have also experienced exposure through secondhand sources and others have been exposed via products that are contaminated for consumption. Inhalation of asbestos is the most common way to be exposed, and generally causes an illness. However, contact with the skin or eating seafood contaminated by the toxins are also ways of being exposed.
The toxicity of asbestos can result in several types of illnesses, including mesothelioma, lung cancer, and plaques in the pleura. Symptoms typically begin with coughing and shortness of breath. Other symptoms could include abdominal pain, fatigue and loss of appetite. Some people are exposed through the air to asbestos which is naturally occurring. The very low levels of exposure do not cause any disease.
Hundreds of companies have used asbestos in their products, buildings as well as in mining operations. Shipbuilding, construction and insulators, as as the manufacture of household items and commercial products are all included. Asbestos is found in drywall, as well as some building materials. It was also used in electrical and plumbing applications.
Workers have sustained asbestos-related injuries in nearly every industry that makes use of the material. People who work in the most hazardous jobs, such as asbestos miners, are most likely to suffer from asbestos-related illnesses. However, those who have been exposed to other asbestos-related materials are also at risk. Because of the long time of latency, people may not receive a diagnosis until the time of the death of a loved ones or they have reached retirement age.
In the process of developing the Database
The first step in the process of preparing an asbestos claim is making a complete document of the victim's exposure. This could include interviews with coworkers and family members, the abatement team and suppliers. In certain cases it could take a long time to complete this work. This is because a mesothelioma-related claim that is successful requires two essential pieces of evidence that prove exposure and medical proof of the disease.
A mesothelioma attorney can help by gaining access to asbestos databases that are proprietary. They can be used to identify liable companies, employers and job sites. Mesothelioma lawyers may also examine medical records to determine the type of mesothelioma which a patient has acquired as a result of their exposure to.
Once a lawyer is able to confirm the diagnosis of mesothelioma the lawyer can begin to build an asbestos claim. This will include a timeline of the patient's career and job history, as and identifying the asbestos-containing products they handled and used in their various jobs.
This information is vital for a mesothelioma case because asbestos exposure typically occurs over the course of many decades. It is difficult to identify a specific employer or company as the cause of the injury. A mesothelioma lawyer can use an asbestos data base to identify possible defendants, and then build a strong legal case for their client.
In some instances, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos lawyers can also make use of an asbestos product database recalls, which can be utilized by several companies and work places.
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. Mesothelioma compensation from trust funds usually comes from the funds put aside by bankruptcy asbestos companies.
When pursuing an asbestos lawsuit it is crucial to take into account the financial burden on the victim's family. The reason for this is because mesothelioma is often fatal and the victim's loved ones will be impacted by a substantial loss of income. This can boost the value of mesothelioma lawsuits. A mesothelioma attorney will ensure that the victim's financial losses are included in their legal claim.
Identifying potential defendants
It is important to identify any defendants who may have contributed to the injury when filing an asbestos lawsuit. This can be done by interviews as well as a review of documents related to construction or purchase orders. Your lawyer will be able to answer these claims on your behalf even if the defendants say they don't believe they are accountable. As the case progresses, through expert witness investigations and review of evidence, new defendants can be discovered, and defendants already in the court may be exonerated.
Many
asbestos settlement lawsuits involve dozens of potential defendants. It is because asbestos cases are extremely complex and the victims' lives have been affected in different ways due to asbestos exposure. Asbestos victims could have worked in a shipyard then transferred to an oil refinery or a different type of industrial plant. It is therefore essential that the lawyer representing the victim identify all potential defendants so that they can aid in pursuing the maximum amount of damages allowed under state law.
The lawyer for the plaintiff must demonstrate that defendants ' negligence was the cause. This can be accomplished through the four negligence elements 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.
Many factors can complicate asbestos cases, such as the long time of latency for many asbestos-related diseases. This means that an asbestos-related illness, such as mesothelioma, could be discovered years after the last asbestos exposure.
In these kinds of instances, the lawyer for the victim could also be required to make a showing of causality. This requirement is more difficult to satisfy, since it requires that the plaintiff's physician establish a link between the defendant's negligence and patient's illness.
The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers are skilled in asbestos litigation and have handled hundreds of cases over the course of their careers. If you've suffered an injury by exposure to asbestos, please contact us today to discuss your options to recover compensation.
Preparing for Trial
There are many ways that victims and their families can seek compensation for asbestos exposure. These include lawsuits as well as trust funds. Mesothelioma lawyers assist clients in determining the defendants who are responsible and pursue suit accordingly.