How to Prepare an Asbestos Case A successful asbestos claim involves proving that a person suffered an injury from exposure to asbestos products. This often requires the review of a person's history of work. It's crucial to understand that an asbestos case is a product liability claim. The plaintiff's attorney must demonstrate that the defendant acted in breach of its obligation of care. Determine the source of exposure Asbestos exposure can happen in a variety of ways. The majority of asbestos-related claims are attributed to occupational exposure. This includes those who handled asbestos raw substances, workers employed at asbestos processing or manufacturing facilities and those who lived near these facilities. As the lawsuit progresses, lawyers must determine the specific circumstances under which the plaintiff was exposed to asbestos. It is helpful to interview the individual or their family during this process. This can help establish the dates of exposure, the time of the exposure and whether or whether it was continuous. The more information you give to your attorney the greater chance of winning the case. While the majority of asbestos-related illnesses involve occupational exposure however, some victims have had exposure through secondhand sources and others have been exposed through contaminated consumer products. Inhalation is the most common method of exposure to asbestos and is usually the cause of illness, however dermal contact and eating seafood that is contaminated can also be sources of exposure. Asbest may cause a variety of ailments that include mesothelioma, cancer of the lung and Pleural lesions. The symptoms typically begin with a coughing and breathlessness. Other symptoms include abdominal pain, fatigue, and a decrease in appetite. Some people are exposed to naturally occurring asbestos in the air outside, and the resulting low levels of exposure rarely leads to disease. Hundreds of companies have used asbestos in their buildings, products and in their mining operations. This includes shipbuilding, construction insulation, manufacturers of commercial and household products. Asbestos is found in some building materials and drywall, and it was used in a variety of plumbing and electrical installations. Nearly every industry that utilizes asbestos has had injuries related to the material. People who work in the most hazardous jobs, like asbestos miners are the most likely to develop asbestos-related diseases. However those who have been exposed to other asbestos-related debris are also at risk. Due to the long latency that asbestos-related diseases cause, patients may not be identified until after the loved ones have passed away or they attain retirement age. In the process of developing Database Database The first step in preparing an asbestos case involves gathering a comprehensive document of the victim's exposure. This may include interviews with co-workers or family members, asbestos contractors and abatement workers. In some cases it can take years to complete this work. This is because to be successful in a mesothelioma lawsuit there are two pieces of evidence. A mesothelioma lawyer may be able to assist by obtaining databases that are proprietary to asbestos. These databases are used to identify companies, employers and websites that are responsible for. Mesothelioma lawyers may also examine medical records to determine the type of mesothelioma a patient has developed as a result of their exposure to. Once a lawyer has confirmed the diagnosis of mesothelioma they can then begin the process of constructing an asbestos claim. This will include a chronological account of the patient's professional and work history, as well and identifying the asbestos-containing products they handled and used at different jobs. This information is vital in a mesothelioma lawsuit since asbestos exposure often occurs over the course of decades. It is difficult to identify a specific employer or company as the cause of the condition. An attorney for mesothelioma can utilize an asbestos database to find potential defendants and to build an effective legal case for their client. In some instances, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos lawyers may also make use of a database of asbestos product recalls, which can be used by a variety of companies and work sites. 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. Trust funds are typically used to pay mesothelioma patients. They are typically reserved by asbestos-related companies which have been bankrupted. It is crucial to think about the financial consequences of an asbestos lawsuit on the loved ones of the victims. The reason is that mesothelioma is often fatal and the victim's loved ones will suffer a significant loss of income. This can significantly increase the value of a mesothelioma claim. A mesothelioma attorney will ensure that the financial losses of the victim are included in their legal claim. Identifying Defendants who could be a potential defendant It is important to find the defendants who might have caused injury when filing an asbestos lawsuit. This can be accomplished through interviews, as well as through a review of the construction records or purchase invoices. The defendants typically deny being responsible, and your lawyer will address these allegations on your behalf. As the case proceeds, with expert witness investigation and review of evidence, new defendants can be identified, or existing defendants may be exonerated. Many asbestos lawsuits involve dozens of potential defendants. This is because asbestos lawsuits are complex, and victims' lives have been affected in various ways as a result of asbestos exposure. For example an asbestos-related victim could have worked in an industrial shipyard before moving to work for an oil refinery or other kind of industrial plant. It is therefore vital that the victim's attorney identify any potential defendants to help him or she pursue the maximum amount of damages that are available under the state's laws. The lawyer representing the plaintiff must prove that the defendants were negligent. This can be accomplished by showing the four elements of negligence which include frequency of exposure (duration of exposure) proximity to the source, and lack of warnings about the asbestos-related danger. Many factors can complicate asbestos cases, including the long latency periods of many asbestos-related diseases. This means that an asbestos-related illness, such as mesothelioma, can be diagnosed many years after the last asbestos exposure. In these kinds of cases, the attorney representing the victim must also make an argument for causality. This element is more difficult to prove, as it requires the plaintiff's doctor to establish a causal link between defendant's negligence and patient's illness. The attorneys of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers are skilled in asbestos cases and have handled thousands of cases over course of their careers. Contact us to discuss your options if been injured as a result of asbestos exposure. Prepare for Trial There are many ways that victims and their families may seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers help clients determine the defendants who are responsible and pursue suit accordingly. Typically, asbestos cases are founded on negligence, strict liability, or breach of warranty. There are a variety of potential defendants involved in mesothelioma litigation and each state has its own rules on how responsibilities are divided among multiple companies. The discovery process is the initial step in a mesothelioma suit. It allows the parties to find out more about each other. During the discovery phase attorneys for plaintiffs and defendants pose questions (interrogatories) and request documents from one another. Kazan Law assists clients in collecting relevant information to create a solid case for them. This includes finding out when and where their loved ones were first exposed to asbestos as and any defendants who could be responsible. Once they have the data, lawyers will prepare for trial. This may involve assembling experts, examining medical records, and gathering other evidence in support of the claim. Trials can last for days or even months, depending on the circumstances. Fortunately that the majority of mesothelioma lawsuits are settled prior to trial dates. To prove their case, mesothelioma victims must be prepared to give evidence at deposition. In a deposition, attorneys will ask the victim under swearing under oath about exposure and medical background. It is essential for the witness to be open about what they know and do not. It is not acceptable for a witness to guess or speculate for example, if they cannot remember what happened or when they were questioned. In addition to the testimony of a mesothelioma survivor, an experienced lawyer can also seek the assistance of experts like asbestos and environmental specialists as well as toxicologists and life-care planners. This can help bolster the mesothelioma case of a client and increase the likelihood that a positive verdict will be made at trial. A verdict in favor of the asbestos victim could result in a substantial settlement to pay for funeral costs, and other financial losses. In certain states, asbestos victims may be able to receive additional damages for suffering and pain.