How to Prepare an Asbestos Case
A successful asbestos case is the proof that a person sustained an injury due to exposure to asbestos products. This usually requires a review of a person's past work history.
It's important to understand that an asbestos case is a product liability claim. The lawyer representing the plaintiff must prove that defendant violated its duty of diligence.
Determining the Source of Exposure
Asbestos can be exposed in a variety of ways. The majority of asbestos-related claims are attributed to occupational exposure. Workers who handled asbestos raw materials, those who worked in asbestos manufacturing or processing sites and those who lived near to asbestos sites are all covered.
As the case progresses, lawyers must establish the exact circumstances in which the plaintiff was exposed to asbestos. It is beneficial to interview the individual or their family members during this process. This will help establish the dates, duration and whether the exposure was continuous. The more details that is provided to the attorney the more successful the case will be.
While the vast majority of asbestos-related incidents involve occupational exposure however, some victims have had secondhand exposure and some were exposed through the use of contaminated consumer products. Inhalation is the primary way to be exposed to asbestos, and it is usually the cause of illness, however contact with the skin or eating contaminated seafood can also be routes of exposure.
Asbest can trigger various illnesses including mesothelioma, cancer of the lung and pleural lesions. The symptoms typically begin with a breathing problems and coughing. Other symptoms 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 disease.
Many companies have employed asbestos in their buildings, products and mining operations. Shipbuilding, construction and insulators, as well as the manufacture of household items and commercial items, are all included. Asbestos is found in drywall as well as other building materials. It was also used in electrical and plumbing applications.
Workers have been injured by asbestos in nearly every industry that utilizes the material. The most at-risk employees, like asbestos miner are the most likely to contract diseases linked to asbestos. People who have been exposed to dust or asbestos-related particles are also at risk. Because of the long latency period, victims may not receive a diagnosis until after the death of a loved one or after they reach retirement age.
Making the Database
The first step in the preparation of an asbestos claim is to compile an accurate record of the victim's exposure. This can include interviews with coworkers, family and abatement professionals, as well as suppliers. The process can take several years in some cases. This is because a mesothelioma-related claim that is successful requires two key elements of evidence: proof of exposure and medical proof of the disease.
An attorney for mesothelioma can assist by gaining access to asbestos databases that are proprietary. These can be used to identify responsible companies, employers and job websites. Furthermore, mesothelioma lawyers can examine medical records of a patient and determine what kind of mesothelioma the patient has developed as a result of their exposure.
Once a lawyer has confirmed mesothelioma is the diagnosis, they can begin building an asbestos claim. This includes a timeline of the patient's professional and work history, as well being able to identify all asbestos-containing items they handled and worked around in their various jobs.
This information is vital in a mesothelioma lawsuit since asbestos exposure often occurs over the course of decades. This makes it difficult to pinpoint the specific company or employer accountable for the harm. A mesothelioma lawyer may use an asbestos database to identify possible defendants and build an effective legal argument on behalf of their client.
In some cases mesothelioma can result by a combination of asbestos-containing products. Asbestos lawyers also have access to an asbestos product recall database which can be used to track multiple manufacturers and job sites.
Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also file a mesothelioma trust fund claim. Mesothelioma compensation from trust funds typically comes from the funds set aside by bankrupt asbestos companies.
When pursuing an asbestos lawsuit it is crucial to think about the financial impact on the victim's family. This is because mesothelioma can be fatal, and the victim's family will likely face a substantial loss of income. This could increase the value of mesothelioma-related claims. A mesothelioma lawyer will make sure that the victim's financial losses are included in their legal claim.
Identifying potential defendants
When filing an
asbestos lawsuit, it is crucial to pinpoint all defendants who could have contributed to the damage. This can be accomplished through interviews and a look at documents related to construction or purchase orders. Defense lawyers often deny that they were accountable and your lawyer will counter these claims on your behalf. As the case progresses with expert witness investigations and review of evidence, new defendants might be discovered and existing defendants could be able to exonerate themselves.
Many asbestos lawsuits involve a myriad of defendants. The reason is that asbestos lawsuits are complicated and the lives of victims were affected in different ways through asbestos exposure at different places of work. For instance an
asbestos compensation victim might have worked in an industrial shipyard before moving to work for an oil refinery or some other type of industrial plant. It is therefore crucial that the attorney for the victim be aware of the possible defendants to assist the victim in attempting to get the maximum amount of damages available under the state's laws.
The plaintiff's lawyer must prove that the defendants acted negligently. This can be done by showing the four elements of negligence such as the frequency of exposure (duration of exposure), proximity to the source, and lack of warnings about the asbestos-related risk.
There are many factors that can cause complications in the asbestos case, for example the long time it takes to develop many asbestos-related diseases. This means that an asbestos-related illness like mesothelioma could be discovered years after the last asbestos exposure.
In these cases, the victim’s attorney may be required to prove the causation. This is a more difficult requirement to prove, as it requires that the plaintiff's doctor establish a causal link between defendant's negligence and patient's illness.
The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our attorneys have handled a variety of cases during their careers and are experts in
Asbestos Compensation litigation. If you've been injured due to exposure to asbestos, contact us today to discuss your options to recover compensation.
Preparing for Trial
There are a variety of ways victims and their families could seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers assist clients in determining which defendants are accountable and pursue suit accordingly. Asbestos lawsuits are typically based on negligence or strict liability. In mesothelioma cases there are often a number of potential defendants. Each state has laws that regulate how the responsibilities of various businesses are split.
