How to Prepare an Asbestos Case
To prove that an asbestos case is successful the case must be proven that the person was injured by exposure to asbestos. This typically involves review of a person's employment history.
It is important to know that an asbestos case is a product liability claim. The attorney representing the plaintiff must prove that the defendant violated its duty of care.
Determining the Source of Exposure
Asbestos exposure can happen 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 lived close to asbestos processing sites are all included.
A lawyer will need to identify the exact circumstances under which the plaintiff was exposed asbestos as the lawsuit proceeds. In this process, it is often beneficial to interview the individual or his or relatives. This helps establish the dates, duration and whether the exposure was continuous. The more information you can provide to your lawyer more likely you are of winning the case.
While the vast majority of asbestos-related illnesses involve occupational exposure, some victims have experienced exposure from secondhand sources, and some have been exposed through products that are contaminated for consumption. Inhalation is the primary way to be exposed to asbestos, and it is usually what causes illness, but dermal contact and eating seafood that is contaminated could also be ways of exposure.
Asbest can trigger various illnesses that include mesothelioma, cancer of the lung and lesions of the pleura. The symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and a loss of appetite. Some people are exposed naturally occurring asbestos in the air outside, and the resulting low levels of exposure rarely leads to a disease.
Hundreds of companies have used asbestos in their products, buildings and in their mining operations. These include construction, shipbuilding insulation, and producers of commercial and household items. Asbestos is present in a variety of construction materials and drywall and it was used in various plumbing and electrical systems.
Nearly every industry that utilizes asbestos has suffered injuries related to the substance. People who work in the most hazardous jobs, like asbestos miners, are the most likely to contract asbestos-related illnesses. If you've been exposed dust or debris that is asbestos-related are also at risk. Because of the long time lag that asbestos-related diseases cause, patients may not be identified until after their loved ones have passed away or they attain retirement age.
Developing an Database
The first step in making an asbestos case is collecting a comprehensive document of the victim's exposure. This could include interviews with coworkers or family members, asbestos abatement workers and other suppliers. In some cases it could take a long time to complete this process. This is because, to be successful in a mesothelioma case you require two pieces of evidence.
An attorney for mesothelioma can assist by accessing proprietary asbestos databases. They can help identify liable companies, employers and job websites. In addition, mesothelioma lawyers are able to look over a patient's medical record and determine what kind of mesothelioma the patient has developed due to their exposure.
After a lawyer confirms a mesothelioma diagnose, they can start building an asbestos case. This will include a chronological account of the patient's career and job history, as in identifying any asbestos-containing products they handled and used at various jobs.
This information is vital to a mesothelioma suit because asbestos exposure often occurs over the course of decades. This makes it difficult to pin down the specific company or employer accountable for the harm. A mesothelioma lawyer could use an asbestos database to help identify possible defendants and build an effective legal argument on behalf of their client.
In some instances, a person's mesothelioma may be caused by the combination of several asbestos-containing products. Asbestos attorneys may also utilize an asbestos database that contains asbestos product recalls, which can be utilized by multiple companies and work places.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Or, they could make a mesothelioma trust fund claim. Mesothelioma compensation from trust funds typically is the result of funds put aside by bankruptcy asbestos companies.
If you are considering a lawsuit against asbestos 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 suffer a significant loss of income. This could significantly increase the value of a mesothelioma suit. A mesothelioma lawyer will ensure that the financial losses of the victim are included in the legal claim.
Identifying Defendants who could be a potential defendant
When filing an asbestos lawsuit it is crucial to pinpoint the defendants who may have contributed to the harm. This can be done through interviews and a look at the purchase or construction records. Defense lawyers typically deny being accountable and your lawyer will defend these assertions on your behalf. As the case progresses, with investigation of expert witnesses and the review of evidence, new defendants may be discovered, and existing defendants may be able exonerate themselves.
Many asbestos lawsuits have many potential defendants. The reason for this is because asbestos lawsuits are incredibly complex and the lives of the victims were impacted in various ways by asbestos exposure in various places of work. Asbestos victims may have worked in a shipyard, then transferred to an oil refinery or another type of industrial plant. Therefore, it is essential that the lawyer for the victim determine all possible defendants to help them pursue the maximum amount of damages allowed under state law.
The lawyer for the plaintiff must demonstrate that the defendants acted negligently. This can be achieved through the four negligence elements which include the frequency of exposure and duration of exposure proximity to the source of the exposure, and the absence of warnings about asbestos-related health risk.
Several factors can complicate the asbestos case, for example the lengthy latency period of many asbestos-related illnesses. This means that an asbestos-related condition, such as mesothelioma, could be diagnosed years after the last asbestos exposure.
In these situations, the victim’s attorney may be required to prove causality. This is a harder requirement to meet, because it requires the plaintiff's doctor to establish a connection between the defendants' negligence and the victim's condition.
The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our attorneys have handled thousands cases in their careers and have experience in asbestos litigation. Contact us to discuss your options if you have been injured as a result of asbestos exposure.
Preparing for trial
There are numerous 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 which defendants are accountable and make a claim accordingly. birmingham asbestos law firm are typically focused on negligence or strict liability. There are often a number of potential defendants involved in mesothelioma lawsuits and every state has its own laws regarding how responsibilities are shared between multiple corporations.
The discovery process is the first stage in a mesothelioma case. It lets the parties learn more about each other. During the discovery stage attorneys representing the plaintiffs and defendants ask questions (interrogatories) and request documents from one another. Kazan Law helps clients gather relevant information to build an effective case on their behalf. This includes determining when and where their loved ones were the first exposed to asbestos, as well as any defendants who may be responsible.
Once they have the information, lawyers will prepare for trial. This can include assembling experts, examining medical records, and gathering other evidence in support of the claim. Depending on the circumstances trials can take weeks or even months to complete. Fortunately most mesothelioma lawsuits are settled prior trial dates.
To prove their case, victims of mesothelioma have to be prepared to give evidence in deposition. In a deposition attorney will question the patient under an oath about their exposure as well as medical background. It is important for witnesses to be truthful about what they know and do not. It is not acceptable for a witness to guess or speculate for example, if they are unable to remember the exact time or date they were questioned.
An experienced lawyer will not only call on mesothelioma victims and other experts, but also environmental and asbestos specialists as well as toxicologists and life-care planners. This will help the mesothelioma lawsuit of the client and increase the likelihood of a positive outcome at trial. A decision in the asbestos victim's favor could result in substantial settlement for medical expenses, funeral expenses and other financial losses. In some states, the victims might be able to claim additional damages for pain and suffering.