How to Prepare an Asbestos Case
A successful asbestos case is the evidence that proves that a person suffered an injury from exposure to an asbestos product. This usually requires a review of a person's past work history.
It is important to know that an asbestos case is a product liability claim. The lawyer for the plaintiff must show that the defendant did not fulfill its duty of diligence.
Identifying the source of exposure
Asbestos exposure can happen in many ways. The majority of asbestos-related claims are related to occupational exposure. This includes workers who handled raw asbestos substances, workers who worked in asbestos processing or manufacturing facilities and those who lived near these facilities.
A lawyer will need to identify the exact circumstances under which the plaintiff was exposed to asbestos in the course of pursuing the suit. It is helpful to interview the individual or their family during this process. This will help determine the dates, the duration and whether the exposure was continuous. The more information that is provided to the attorney, the more successful the case will be.
While the majority of asbestos-related illnesses involve occupational exposure, some victims have experienced exposure through secondhand sources and others were exposed through products that are contaminated for consumption. Inhalation is the most common way to be exposed to asbestos, and is typically what causes illness, but contact with the skin and eating contaminated seafood can also be sources of exposure.
The toxic nature of asbestos can result in a variety of illnesses, such as mesothelioma and lung cancer as well as plaques in the pleura. Symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and a decrease in appetite. Certain people are exposed to naturally occurring asbestos in the air outside and the resultant low levels of exposure are rarely linked to a condition.
Many companies have employed asbestos in their products, buildings and in their mining operations. Shipbuilding, construction and insulators, as well as manufacturers of household products and commercial products, are all part of. Asbestos is present in drywall and some building materials. It was also employed in plumbing and electrical applications.
Nearly every industry that uses asbestos has had injuries related to the substance. Those in the most dangerous jobs, like asbestos miners, are more likely to suffer from asbestos-related illnesses. Those who have been exposed asbestos-related debris or dust are also at risk. Because of the long time between latency, patients may not be diagnosed until after the passing of a loved one, or after they reach retirement age.
Making the Database
The first step to making an asbestos claim is to gather an accurate record of the person's exposure. This could include interviews with coworkers as well as family members, abatement workers and other suppliers. In some cases it can take a number of years to complete this process. This is because a successful mesothelioma claim requires two key pieces of evidence that prove exposure and medical proof of disease.
A mesothelioma lawyer may be able to assist by obtaining databases that are proprietary to asbestos. They can help determine liable companies, employers and job websites. Mesothelioma lawyers may also examine medical records to determine the type of mesothelioma a patient has acquired as a result of their exposure.
Once a lawyer has established the diagnosis of mesothelioma the lawyer can begin to build an asbestos claim. This will include a chronological account of the patient's professional and job history, as as identifying all asbestos-containing products they handled and used at various jobs.
This information is vital for mesothelioma cases as asbestos exposure can occur over a period of years. This makes it difficult to pin down one specific employer or company accountable for the harm. A mesothelioma attorney can use an asbestos database to find possible defendants and build an argument that is legally strong for their client.
In some instances, a person's mesothelioma may be caused by a combination of different asbestos-containing products. Asbestos attorneys may also utilize a database of 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 usually is derived from funds saved by bankruptcy asbestos companies.
In the event of pursuing an asbestos lawsuit, it is essential to consider the financial impact on the family of the victim. The reason for this is because mesothelioma can be fatal and loved ones of the victim will be impacted by a substantial loss of income. This can boost the value of mesothelioma claims. A mesothelioma lawyer will make sure that the victim's financial losses are included in the legal claim.
Identifying Defendants who could be a potential defendant
When filing an asbestos lawsuit, it is crucial to pinpoint all defendants who could have contributed to the injury. This can be done by interviews and a review of the purchase or construction records. Your lawyer will investigate these claims on your behalf when the defendants deny that they are accountable. As the case proceeds, with expert witness investigation and evidence review new defendants could be discovered, and defendants already in the court may be able exonerate themselves.
fayetteville asbestos law firm contain dozens of potential defendants. The reason for this is because asbestos lawsuits are complicated and the lives of victims were impacted in various ways through asbestos exposure at different places of work. For example an asbestos victim might have worked in an industrial shipyard before moving to work for an oil refinery or some other type of industrial plant. Therefore, it is crucial that the lawyer representing the victim identify all possible defendants to aid in pursuing the maximum amount of damages permitted under state law.
The lawyer for the plaintiff must demonstrate that the defendants were negligent. This can be done by proving the four negligence elements which include the frequency of exposure and duration of exposure proximity to the source of exposure and a lack of warnings about asbestos-related health risk.
There are many factors that can cause complications in asbestos cases, including the long time of latency for many asbestos-related diseases. This means that an asbestos-related disease such as mesothelioma may be detected years after the last asbestos exposure.
In these types of cases, the attorney representing the victim may also have to make a case of causality. This requirement is more difficult to prove because the plaintiff's doctor must prove a connection between the defendants negligence and the illness of the victim.
Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers have handled a multitude of cases in their careers and are experts in asbestos litigation. Contact us today to discuss your options if you have been injured due to asbestos exposure.
Preparing for the Trial
There are numerous ways victims and their families can seek compensation for asbestos exposure, such as trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining who is accountable for the asbestos exposure and file suit in line with. Asbestos lawsuits are typically based on negligence or strict liability. There are a variety of potential defendants in mesothelioma-related litigation and each state has its own rules on how responsibility is divided among multiple businesses.
The discovery process is the initial step in a mesothelioma lawsuit. It lets the parties learn more about each other. During the discovery phase attorneys from both plaintiffs' and defendants' sides have a discussion (interrogatories), and seek documents. Kazan Law assists clients in gathering the relevant information needed to build a solid case for them. This includes determining where and when their loved ones have been exposed to asbestos, and the names of any defendants that could be accountable.
Once they have the details, attorneys will prepare for trial. This may include gathering experts, examining medical records, and assembling other evidence to support the claim. Trials can last for days or even months depending on the circumstances. Fortunately, the majority of mesothelioma cases can be settled prior to trial dates.
In order to demonstrate their case, mesothelioma victims must be prepared to testify in deposition. In a deposition, attorneys will question the patient under oath about their exposure and medical background. It is crucial for the witness to be open about what they know and don't. It is not acceptable for a witness to guess or speculate for instance, if they are unable to remember what happened or when they were questioned.
A lawyer with experience will not only call on mesothelioma patients as well as experts such as asbestos and environmental specialists, life care planners and toxicologists. This can strengthen the mesothelioma claim of a client and increase the chances that a favorable verdict will be made at trial. A verdict in favor of the asbestos victim could result in a substantial amount of compensation to pay for medical expenses, funeral costs, and other financial losses. In some states, the victims might be able to claim additional compensation for pain and suffering.