How to Prepare an
asbestos compensation Case
To prove that an asbestos case is successful, it must be proven that the victim was injured as a result of exposure to asbestos. This usually requires the review of a person's history of work.
It is important to know that an asbestos case is a product liability claim. The plaintiff's lawyer must prove that the defendant violated its obligation of care.
Find out the source of exposure
Asbestos exposure can be triggered in many ways. However, the majority of asbestos-related claims involve occupational exposure. This includes those who handled raw asbestos substances, workers who worked at asbestos processing or manufacturing facilities and those who lived close to these facilities.
As the lawsuit develops, an attorney must determine the exact circumstances under which the plaintiff was exposed to asbestos. During this process, it's usually beneficial to speak with the individual or his or relatives. This will help determine the dates, duration and if the exposure was continuous. The more information that can be provided to the attorney, the more successful the case may be.
Certain asbestos-related cases are the result of occupational exposure. Others have been exposed by contaminated consumer products. Inhalation of asbestos is the most common way to be exposed, and usually causes sickness. However, dermal contact or eating seafood contaminated by the toxins are also ways to be exposed.
Asbest may cause a variety of ailments like mesothelioma, cancer of the lung and the pleural lesions. The symptoms typically begin with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue or loss of appetite. Some people are exposed via the air to asbestos that is naturally occurring. The small amounts of exposure to asbestos does not cause disease.
Asbest was utilized by a multitude of companies in their buildings products, mining operations, and other facilities. These include construction, shipbuilding insulation, manufacturers of commercial and household items. Asbestos is present in drywall and other building materials. It was also utilized in plumbing and electrical applications.
Workers have been injured by asbestos in virtually every industry which uses the substance. The most vulnerable workers, such as asbestos miner, are most likely to develop diseases linked to asbestos. People who have been exposed to dust or debris that is asbestos-related are also at risk. Because of the lengthy latency, victims may not be identified until after their loved one has died or they attain retirement age.
In the process of developing the Database
The first step in preparing an asbestos claim is gathering an exhaustive record of the person's exposure. This may include interviews with co-workers and family members, abatement workers and other suppliers. This can take a number of years in certain cases. This is because a mesothelioma-related claim that is successful requires two key pieces of evidence: proof of exposure and medical proof of disease.
A mesothelioma lawyer can assist by gaining access to proprietary databases of asbestos. These databases can be used to identify companies, employers and websites that are responsible for. Additionally, mesothelioma lawyers may look over a patient's medical record and determine the type of mesothelioma they've developed because of their exposure.
Once a lawyer has established mesothelioma is the diagnosis the lawyer can begin to build an asbestos claim. This will include a timeline of the patient's life and job history, as being able to identify all asbestos-containing items they handled and worked around in their various jobs.
This information is essential to a mesothelioma case as asbestos exposure can occur over a time period of. It is difficult to determine a specific employer or business as the source of the injury. A mesothelioma lawyer could use an asbestos database to determine potential defendants and then build an argument that is legally strong for their client.
In some cases, a person's mesothelioma may have been caused by an amalgamation of asbestos-containing products. Asbestos lawyers also have access to an asbestos 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. They may also claim compensation from mesothelioma funding. Trust funds are generally used to compensate mesothelioma sufferers. They are typically set aside by
asbestos companies that have been bankrupted.
When considering an asbestos lawsuit, it is essential to think about the financial implications on the victim's family. The reason is that mesothelioma often kills and the victim's loved ones will suffer a significant loss of income. This could boost the value of mesothelioma-related claims. A mesothelioma lawyer can ensure that the victim's financial losses are included in the legal claim.
Identifying Defendants who could be a potential defendant
It is important to identify any defendants who may have contributed to the injury when filing an asbestos lawsuit. This can be done through interviews and a review of the purchase or construction records. Your lawyer will be able to answer the claims for you, when the defendants deny that they are responsible. As the case develops, through expert witness investigations and examination of evidence, new defendants might be discovered and existing defendants may be able to exonerate themselves.
Many asbestos lawsuits involve a myriad of potential defendants. The reason is that asbestos cases are complex and the lives of the victims were affected in a variety of ways through asbestos exposure at different workplaces. Asbestos-related victims might have worked in a shipyard and then moved to an oil refinery or another type of industrial plant. It is therefore vital that the victim's attorney identify the possible defendants to help get the maximum amount of damages available under state law.
The plaintiff's lawyer must show that the defendants acted negligently. This can be done by showing the four elements of negligence: frequency of exposure (duration of exposure), proximity to the source, and insufficient warnings about the asbestos-related risk.
There are many factors that can cause complications in asbestos cases, including the long latency times of many asbestos-related diseases. This means that a person could be diagnosed with a disease such as mesothelioma many years after the last exposure to asbestos.
In these cases the attorney for the victim may have to prove causality. This element is harder to prove since the plaintiff's physician has to establish an association between the defendant's negligence and the victim's illness.
The lawyers of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in
asbestos law litigation. Our lawyers are experienced in asbestos litigation and have handled hundreds of cases over the course of their careers. If you've suffered an injury due to exposure to asbestos, contact us today to discuss your options for obtaining compensation.
Preparing for Trial
There are a myriad of ways victims and their families can seek compensation for asbestos exposure. These include lawsuits as well as trust funds. Mesothelioma lawyers help clients determine who is accountable for the asbestos exposure and file a suit according to. Most asbestos cases are made up of negligence, strict liability or breach of warranty. There are typically a lot of potential defendants involved in mesothelioma-related litigation, and each state has its own rules regarding the way in which responsibilities are distributed between multiple corporations.