A successful asbestos claim involves showing that an individual suffered an injury due to exposure to asbestos products. This typically involves 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 lawyer must prove that the defendant failed to fulfill its duty of diligence.
Identifying the source of exposure
Asbestos can be exposed in many different ways. The majority of asbestos-related claims relate to occupational exposure. Workers who handled asbestos raw materials as well as those working in asbestos manufacturing or processing sites and those who lived near to asbestos sites are all covered.
As the lawsuit progresses, an attorney must determine the exact circumstances that led to the plaintiff was exposed to asbestos. It is important to speak with either the person or their family during this process. This will help to establish the dates of exposure, the time of the exposure and whether or it was continuous. The more information that is provided to the attorney the more successful the case will be.
Certain asbestos-related cases are caused by occupational exposure. Others were exposed through the use of contaminated consumer products. Inhalation of asbestos is the most frequent way to be exposed, and typically causes illness. However, contact with the skin or eating seafood that is contaminated are also ways of being exposed.
The toxicity of asbestos can result in several types of illnesses, including mesothelioma and lung cancer as well as pleural plaques. The signs typically start with coughing and breathlessness. Other symptoms include abdominal pain, fatigue and loss of appetite. Some people are exposed to naturally occurring asbestos in outdoor air and the resultant low levels of exposure rarely leads to a disease.
Asbest was used by hundreds of companies in their building and mining operations. This includes shipbuilding, construction insulation, manufacturers of commercial and household items. Asbestos is found in some building materials and drywall and it was used in a variety of plumbing and electrical applications.
Workers have been injured by asbestos in almost every field that makes use of the material. Workers in the most hazardous jobs, like asbestos miners are the most likely to develop asbestos-related diseases. However those who have been exposed to asbestos-related debris are also at risk. Because of the long time between latency, patients may not receive a diagnosis until the time of the death of a loved one or when they reach retirement age.
Making a Database
The first step in making an asbestos claim is to compile a complete record of the victim's exposure. This may include interviews with relatives, coworkers and abatement professionals, as well as suppliers. This can take a number of years in certain instances. This is because a mesothelioma-related claim that is successful will require two main pieces of evidence the proof of exposure as well as medical proof of the disease.
A mesothelioma attorney can help by accessing proprietary asbestos databases. They can help find liable employers, companies and job sites. Mesothelioma attorneys may also look through medical documents to determine the kind of mesothelioma a patient has acquired as a result of their exposure to.
Once a lawyer has confirmed mesothelioma diagnosis they can begin building an asbestos case. This will include a chronological account of the patient's life and employment history, as well in identifying any asbestos-containing products they worked with and dealt with in various positions.
This information is crucial to a mesothelioma suit because asbestos exposure can occur over the course of decades. It is difficult to determine a specific employer or business as the source of the ailment. A mesothelioma lawyer could use an asbestos database to find potential defendants and then build an effective legal case for their client.
In some cases mesothelioma can result by a combination or different asbestos-containing products. Asbestos attorneys can also use the database of asbestos-containing product recalls that 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. They may also file a claim against mesothelioma funding. Trust funds are typically used to compensate mesothelioma victims. These funds are usually set aside by asbestos firms which have been bankrupted.
In the event of pursuing an asbestos lawsuit when pursuing an asbestos lawsuit, it is crucial to think about the financial impact on the victim's family. 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 could boost the value of mesothelioma claim. A knowledgeable mesothelioma attorney can make sure that all of the financial losses of the victim are considered and included in their legal claims.
Identifying potential defendants
When filing an asbestos lawsuit, it is essential to identify all defendants who could have contributed to the damage. This can be done via interviews and a review of the construction records or purchase invoices. Defense attorneys typically deny being responsible and your lawyer will respond to these allegations on your behalf. As the case progresses with expert witness investigation and a review of evidence the possibility of new defendants being identified, or existing defendants may be able to discredit themselves.
Many asbestos lawsuits have dozens of potential defendants. This is because asbestos lawsuits are incredibly complex, and victims suffer in a variety of ways because of asbestos exposure. For example an asbestos victim could have worked in the shipyard, [empty] and then moved to work for an oil refinery or another type of industrial plant. Therefore, it is essential that the lawyer for the victim determine the potential defendants to assist the victim in attempting to obtain the maximum amount of damages that are available under state laws.
The lawyer representing the plaintiff must prove that defendants were negligent. This can be done by proving the four negligence elements that include frequency of exposure and duration of exposure, proximity to the source of the exposure, and the absence of warnings about the asbestos-related health risk.
Many factors can cause problems in asbestos cases, including the long time of latency for many asbestos-related diseases. This means that a person can be diagnosed with a condition like mesothelioma for a long time after the last exposure to asbestos.
In these cases the lawyer for the victim might be required to prove causation. This element is harder to satisfy because the plaintiff's physician must establish an association between the defendant's negligence and the illness of the victim.
The lawyers of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our attorneys have handled a variety of cases throughout their careers and are experts in asbestos litigation. If you've suffered an injury by exposure to asbestos, contact us today to discuss your options to recover compensation.
Prepare for trial
There are many ways that victims and their families can seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma lawyers assist clients to determine who is liable for the asbestos exposure and file suit in line with. The majority of asbestos cases are based on negligence, strict liability, or breach of warranty. In mesothelioma lawsuits, there are usually a variety of potential defendants. Each state has laws that regulate how the responsibilities of multiple businesses are split.
The discovery process is the first step in a mesothelioma suit. It allows the parties to learn more about each other. During the discovery process, attorneys from the plaintiffs and defendants' sides discuss each other's issues (interrogatories), and request documents. Kazan Law helps clients gather relevant information and put together an argument that is strong on their behalf. This includes finding out the date and location where their loved ones were first exposed to asbestos as in addition to any defendants that could be responsible.
After gathering the details, attorneys will prepare for trial. This can include assembling expert witnesses, reviewing medical records, and assembling other evidence in support of the claim. According to the circumstances, trials can take weeks or even months to complete. Fortunately, the majority of mesothelioma lawsuits are settled prior trial dates.
To prove their case, victims of mesothelioma need to be prepared to be a witness in deposition. During the deposition, lawyers ask questions under oath to the victim about their exposure to the disease and their medical history. It is important that the witness is truthful about what they know and do not know. For example the person who is unable to recall the exact time they were exposed to asbestos, or when it's not acceptable to guess or speculate.
An experienced lawyer does not just call a mesothelioma victim, but also experts like environmental and asbestos specialists, toxicologists and life care planners. This can help strengthen a client's claim for mesothelioma and increase the odds that a positive verdict will be made during trial. A decision in favor of the asbestos patient can result in significant compensation for funeral expenses, and other financial loss. In some states, victims may be entitled to additional damages for pain and suffering.
