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How to Prepare an Asbestos Case To prove that asbestos cases are successful it must be established that the victim was injured as a result of exposure to asbestos. This usually requires looking over a person's past work history. It's important to recognize that asbestos cases are product liability claim. The lawyer for the plaintiff must show that the defendant failed to fulfill its duty of diligence. Determine the source of exposure Asbestos-related exposure can occur in many ways. However the majority of asbestos-related claims involve occupational exposure. This includes those who handled asbestos substances, workers who worked at asbestos processing or manufacturing sites as well as those who lived near these sites. As the lawsuit progresses a lawyer 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 determine the dates, time and duration of the exposure as well as whether the exposure was continuous. The more details you give your attorney the better chance you have of winning the case. While the majority of asbestos-related cases involve occupational exposure however, some victims have had secondhand exposure and some were exposed through the use of the use of consumer products that are contaminated. Inhalation of asbestos is the most frequent method of exposure, and usually causes illness. However, contact with the skin or eating contaminated seafood are also methods of being exposed. Asbest may cause a variety of ailments, such as mesothelioma, lung cancer, and lesions of the pleura. The symptoms typically begin with a coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue and loss of appetite. Some people are exposed naturally occurring asbestos in the air outside and the resulting lower levels of exposure are rarely linked to a condition. Many companies have utilized asbestos in their products, buildings and in their mining operations. Shipbuilding, construction and insulators, as as manufacturers of household products and commercial products are all part of. Asbestos is present in drywall as well as other building materials. It was also employed in plumbing and electrical applications. Nearly every industry that uses asbestos has had injuries related to the material. The most at-risk workers, like asbestos miner, are the most susceptible to developing diseases related to asbestos. Those who have been exposed asbestos-related dust or debris are also at risk. Due to the lengthy time between latency, patients may not receive a diagnosis until the time of the death of their loved one or they have reached retirement age. In the process of developing the Database The first step in preparing an asbestos case involves collecting a comprehensive account of the exposure of the victim. This could include interviews with family members, coworkers and abatement professionals, as well as suppliers. This can take a number of years in certain cases. This is because a mesothelioma-related claim that is successful requires two essential pieces of evidence the proof of exposure as well as medical proof of the disease. A mesothelioma lawyer can assist by obtaining databases that are proprietary to asbestos. These databases can be used to identify liable companies, employers and job sites. Additionally, mesothelioma lawyers can look over a patient's medical record and determine what kind of mesothelioma they've developed as a result of their exposure. Once a lawyer has established a mesothelioma diagnosis and has been able to begin constructing an asbestos claim. This will include an employment history and timeline of the patient, as well identifying any asbestos-containing products they worked with or around in various jobs. This information is essential for a mesothelioma case because asbestos exposure often occurs over the course of many decades. This makes it difficult to pin down the specific company or employer responsible for the injuries. A mesothelioma lawyer can use an asbestos database to help to identify possible defendants and construct an effective legal argument on behalf of their client. In some instances, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos lawyers can also make use of a database of asbestos product recalls that can be utilized by several companies and work sites. Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also file a claim against a mesothelioma fund. Trust funds are generally used to compensate mesothelioma sufferers. They are typically set aside by asbestos firms which have gone bankrupt. It is important to consider the financial consequences of an asbestos lawsuit on the victim's loved ones. This is because mesothelioma could be fatal and the family of the victim will likely be faced with a significant loss of income. This can greatly increase the value of a mesothelioma claim. A mesothelioma attorney will ensure that the victim's financial losses are included in the legal claim. Identifying Defendants who could be a potential defendant It is important to identify any defendants who could have contributed to an injury when filing an asbestos lawsuit. This can be done through interviews and looking over the construction records or invoices. Defendants usually deny being responsible and your lawyer will counter these claims on your behalf. As the case develops, through expert witness investigations and the examination of evidence, new defendants may be discovered and current defendants could be able exonerate themselves. Many asbestos lawsuits involve dozens of defendants. The reason is that asbestos cases are complex and the lives of the victims were impacted in various ways through asbestos exposure at different workplaces. For instance, an asbestos victim may have worked at a shipyard and then went to work at an oil refinery or some other type of industrial plant. It is therefore essential that the attorney representing the victim identify any potential defendants to help obtain the maximum amount of compensation available under state laws. The lawyer for the plaintiff has to prove that the defendants were negligent. This is done by proving the four elements of negligence: frequency of exposure (duration of exposure), proximity to the source, and absence of warnings regarding the asbestos-related danger. Many factors can cause problems in asbestos cases, including the long latency period of many asbestos-related diseases. This means that an asbestos-related disease such as mesothelioma could be diagnosed years after the last exposure to asbestos. In these cases, the victim’s attorney may have to prove causality. This is a more difficult requirement to meet since it requires that the plaintiff's doctor establish a link between the defendant's negligence and the 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 trials and have handled thousands of cases over the time of their careers. Contact us today to discuss your options if been injured as a result of asbestos exposure. Prepare for Trial There are a myriad of ways victims and their families can seek compensation for asbestos exposure. These include lawsuits as well as trust funds. Mesothelioma lawyers assist clients in determining which defendants are liable and pursue suit accordingly. Asbestos cases usually are focused on negligence or strict liability. In mesothelioma cases, there are usually many potential defendants. Each state has laws that regulate how the responsibilities of various companies are divided. The discovery process is the initial stage in a mesothelioma case. It allows the parties to know more about one another. During the discovery stage attorneys from both the plaintiffs' and defendants' sides have a discussion (interrogatories) and seek documents. Kazan Law helps clients gather relevant information and build an effective case on their behalf. westland asbestos attorney includes finding out the time and place where their loved ones were first exposed to asbestos, as and any defendants who might be responsible. After obtaining this information, lawyers will begin preparing for trial. This may include gathering experts, examining medical records, and gathering other evidence to support the claim. Trials can last for days or months, depending on the circumstances. Fortunately, the majority of mesothelioma lawsuits are settled prior to trial dates. To be able to prove their case, mesothelioma sufferers must be prepared to give evidence at deposition. During the deposition, attorneys will ask questions under oath about their exposure as well as their medical background. It is essential that the witness is truthful about what they have done and do not know. For instance the person who is unable to remember the time they were exposed to asbestos, or when it's not appropriate to make guesses or speculate. In addition to testimony from mesothelioma sufferers, an experienced lawyer may also seek out experts like environmental and asbestos specialists, toxicologists and life-care planners. This can help bolster a client's claim for mesothelioma and increase the likelihood that a positive verdict will be reached in the trial. A verdict in favor of the asbestos victim can result in substantial compensation to pay for medical costs, funeral costs and other financial loss. In certain states, asbestos victims may be entitled to additional damages for suffering and pain.