How to Prepare an Asbestos Case A successful asbestos case involves the evidence that proves that a person suffered an injury as a result of exposure to an asbestos product This usually requires a review of the person's previous work background It's important to recognize that asbestos cases are product liability claim The plaintiff's attorney must demonstrate that the defendant acted in breach of its duty of care Identifying 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 or worked in asbestos manufacturing or processing sites and those who resided nearby are all included A lawyer must determine the exact circumstances in which the plaintiff was exposed asbestos as the lawsuit proceeds In this process, it's usually beneficial to speak with the person or his or family members This can help establish the dates of exposure, the time of exposure, and whether or it was continuous The more details that can be given to the attorney, the more successful the case will be The majority of asbestos-related cases involve occupational exposure certain victims have suffered exposure through secondhand sources and others were exposed through contaminated consumer products Inhalation of asbestos is the most frequent way to be exposed, and typically causes sickness However, dermal contact or eating seafood that has been contaminated are also ways of being exposed The toxic effects of asbestos can cause a variety of diseases, including mesothelioma as well as lung cancer and pleural plaques Symptoms usually begin with coughing and shortness of breath Other symptoms include abdominal pain, fatigue and a loss of appetite Some people are exposed by the air to asbestos which is naturally occurring The very low levels of exposure do not cause any disease Hundreds of companies have used asbestos in their products, buildings as well as in mining operations This includes shipbuilding, construction, insulators and manufacturers of household and commercial products Asbestos can be found in building materials and drywall, and it was used in various plumbing and electrical applications Nearly every industry that uses asbestos has suffered injuries related to the material The most at-risk employees, like asbestos miner are the most susceptible to developing diseases related to asbestos Those who have been exposed dust or debris that is asbestos-related are also at risk Due to the lengthy latency period, victims may not be diagnosed until after the death of a loved one or when they reach retirement age Developing an Database The first step in making an asbestos case is gathering a comprehensive record of the person's exposure This can include interviews with coworkers, family or abatement workers as well as suppliers In certain cases it can take a number of years to complete this task This is because a successful mesothelioma case requires two primary elements of evidence in order to prove exposure and medical proof of disease A mesothelioma lawyer may be able to assist by gaining access to proprietary databases of asbestos These databases are used to identify employers, companies and job sites that are accountable Furthermore, mesothelioma lawyers can review a patient's medical records and determine what type of mesothelioma the patient has developed because of their exposure Once a lawyer has established mesothelioma is the diagnosis the lawyer can begin to build an asbestos claim This will include a chronological account of the patient's professional and employment history, as well as identifying all asbestos-containing products they handled and worked around at different jobs This information is essential to a mesothelioma suit because asbestos exposure is often a part of the course of many decades It is difficult to pinpoint a specific employer or company as the cause of the condition An attorney for mesothelioma can utilize an asbestos database to help to identify possible defendants and construct a solid legal case on behalf of their client In certain cases mesothelioma can be the result of a combination of different asbestos-containing products Asbestos lawyers may also make use of the database of asbestos-containing product recalls, which could be utilized by multiple manufacturers 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 typically used to compensate mesothelioma sufferers These funds are typically set aside by asbestos firms that have gone bankrupt It is important to consider the financial implications of a lawsuit involving asbestos on loved ones of the victim The reason is that mesothelioma often kills and the family members of the victim will suffer a significant loss of income This can increase the value of mesothelioma lawsuits A mesothelioma attorney will ensure that the victim's financial losses are included in their legal claim Identifying Defendants who could be a potential defendant It is important to find the defendants who might have contributed to an injury when filing an asbestos lawsuit This can be accomplished through interviews and a look at documents related to construction or purchase orders Defense lawyers usually deny being accountable and your lawyer will address these allegations on your behalf As the case progresses with expert witness investigations and review of evidence and re-examination, new defendants may be identified or defendants who are already in the case may be exonerated Many asbestos lawsuits have dozens of defendants The reason is that asbestos lawsuits are incredibly complex and the lives of the victims were affected in a variety of ways due to asbestos exposure at various places of work Asbestos-related victims might have worked in a shipyard then transferred to an oil refinery or a different type of industrial plant Therefore, it is essential that the victim's lawyer determine all potential defendants so that they can help them pursue the maximum amount of damages allowed under state law The attorney representing the plaintiff must prove that the defendants were negligent This can be proved by proving the four elements of negligence which include frequency of exposure duration of exposure proximity to the source, and absence of warnings regarding the asbestos-related danger There are many factors that can cause complications in the asbestos case, for example the long time it takes to develop many asbestos-related ailments This means that an asbestos-related condition such as mesothelioma could be discovered years after the last exposure to asbestos In these cases the attorney representing the victim could be required to prove the causality This requirement is more difficult to meet, because it requires that the plaintiff's doctor establish a link between the defendants' negligence and the victim's health The attorneys of Rose Klein amp; Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation Our lawyers have handled thousands of cases in their careers and are experienced in asbestos litigation Please contact us to discuss your options if you've been injured as a result of asbestos exposure Prepare for Trial There are a myriad of ways family members and victims can seek compensation for asbestos exposure This includes lawsuits and trust funds Mesothelioma lawyers assist clients to determine who is responsible for asbestos exposure and file a suit in accordance with the law Most asbestos cases are caused by negligence, strict liability or breach of warranty In mesothelioma cases there are often a number of potential defendants Each state has laws that govern how the responsibilities and responsibilities of different companies are divided The discovery process is the initial step in a mesothelioma lawsuit It allows the parties to know more about one another In the discovery phase attorneys from both the plaintiffs and defendants' side have a discussion interrogatories and seek documents Kazan Law assists clients in collecting relevant information to create an effective case for them https//vimeocom/704943992 includes finding out where and when their loved ones have been exposed to asbestos, and the names of any defendants that might be responsible After gathering this information, lawyers will begin preparing for trial This may include setting up expert witnesses, reviewing medical records, and gathering other evidence to justify the claim Trials can last for days or months depending on the circumstances Fortunately, most mesothelioma cases can be settled prior to trial dates To be able to prove their case, mesothelioma sufferers must be prepared to testify in deposition In a deposition, attorneys will ask the victim under swearing under oath about exposure and medical background It is important to ensure that the witness is honest about what they have done and don't know For instance when a person is unable to recall how they were exposed to asbestos or the time they were exposed, it is not acceptable to speculate or guess A lawyer with experience is not just able to call mesothelioma sufferers and other experts, but also environmental and asbestos specialists, life care planners and toxicologists This can help bolster the mesothelioma claim of a client and increase the chance that a favorable verdict will be made at trial A verdict in favor of the asbestos victim could result in substantial compensation to pay for medical costs, funeral costs and other financial loss In some states, victims could be eligible to receive additional damages for pain and suffering