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How to Prepare an Asbestos Case A successful asbestos case is the proof that a person sustained an injury as a result of exposure to an asbestos product. This usually requires a review of a person's past work background. It's crucial to understand that asbestos cases are product liability claim. The plaintiff's lawyer must prove that the defendant did not fulfill 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 related 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. A lawyer will need to identify the exact circumstances under the case of exposure to asbestos during the course of the lawsuit. During this process, it's often beneficial to interview the plaintiff or his or family members. This will help determine the dates, time and duration of the exposure as well as whether the exposure was continuous. The more information you can provide to your attorney the greater chance of winning the case. While the vast majority of asbestos-related illnesses involve occupational exposure but some victims have also experienced exposure through secondhand sources and others were exposed through products for consumers that contain asbestos. Inhalation is the most common way to be exposed to asbestos and is often the cause of illness. However, contact through the skin and eating seafood that is contaminated could also be ways of exposure. Asbest can trigger a variety of illnesses like mesothelioma, lung cancer, and the pleural lesions. The symptoms typically begin with coughing and shortness of breath. Other symptoms can include abdominal pain, fatigue and loss of appetite. Certain people are exposed to naturally occurring asbestos in the air outside, and the resulting low levels of exposure seldom lead to a condition. Asbest was utilized by a multitude of companies in their building, products and mining operations. These include construction, shipbuilding, insulators and manufacturers of household and commercial products. Asbestos is present in a variety of building materials and drywall and was used in a variety of plumbing and electrical systems. Nearly every industry that utilizes asbestos has had to deal with injuries related to the substance. Those in the most dangerous jobs, such as asbestos miners, are most likely to suffer from asbestos-related illnesses. st charles asbestos attorney who has been exposed to asbestos-related debris or dust are also at risk. Because of the long time between latency, patients may not be diagnosed until the time of the death of a loved one or they have reached retirement age. Developing a Database The first step in preparing an asbestos case involves collecting a comprehensive document of the victim's exposure. This may include interviews with coworkers or family members, asbestos abatement workers and other suppliers. The process can take several years in certain cases. This is because in order to be successful in a mesothelioma lawsuit there are two evidence pieces. A mesothelioma lawyer can help by accessing asbestos databases owned by the company. These databases can be used to determine companies, employers and job sites that are accountable. Additionally, mesothelioma lawyers may look over a patient's medical record and determine what type of mesothelioma has developed due to their exposure. Once a lawyer has confirmed mesothelioma as a diagnosis they can then begin the process of constructing an asbestos claim. This will include the timeline and employment history of the patient, in addition to identifying any asbestos-containing items they used or worked with during their various roles. This information is vital in a mesothelioma lawsuit since asbestos exposure can occur over the course of decades. This makes it difficult to pin down any specific company or employer accountable for the harm. An attorney for mesothelioma can utilize an asbestos database to identify possible defendants and build an effective legal argument on behalf of their client. In certain cases, mesothelioma can be caused by a combination or different asbestos-containing products. Asbestos attorneys can also use an asbestos database that contains asbestos product recalls, which could be used by a variety of manufacturing companies and workplaces. Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Or, they could submit a mesothelioma-related trust fund claim. Trust funds are usually used to compensate mesothelioma victims. They are typically put aside by asbestos companies which have been bankrupted. When considering an asbestos lawsuit it is important to take into account the financial burden on the victim's family. This is because mesothelioma can be fatal and the family of the victim will likely be faced with a significant loss of income. This could increase the value of mesothelioma claim. An experienced mesothelioma attorney will make sure that all of the financial losses of the victim are considered and incorporated into their legal claims. Identifying Potential Defendants When you file an asbestos lawsuit it is essential to identify the defendants who may have contributed to the damage. This can be done through interviews and looking over the construction records or invoices. Defendants usually deny being accountable, and your lawyer will respond to these allegations on your behalf. As the case proceeds, with expert witness investigations and evidence review and re-examination, new defendants may be discovered or existing defendants could be exonerated. Many asbestos lawsuits involve numerous potential defendants. The reason is that asbestos lawsuits are complicated and the lives of victims were affected in a variety of ways by asbestos exposure in various workplaces. For instance, an asbestos victim may have worked at an shipyard before going to work for an oil refinery or some other kind of industrial plant. It is therefore essential that the attorney for the victim be aware of the possible defendants to help him or she obtain the maximum amount of damages possible under state law. The lawyer for the plaintiff must demonstrate that defendants ' negligence was the cause. This can be accomplished by the four negligence elements that include frequency of exposure, duration of exposure, proximity to the source of the exposure and the absence of warnings regarding the asbestos-related health risk. Several factors can complicate an asbestos-related situation, including the long latency time of many asbestos-related illnesses. This means that a person could be diagnosed with a disease such as mesothelioma many years after their last exposure to asbestos. In these instances the attorney for the victim may need to prove causality. This is a harder requirement to satisfy, since it requires that the plaintiff's physician establish a connection between defendants' negligence and the victim's condition. The attorneys of Rose Klein & Marias LLP represent clients throughout Southern California and the entire United States in asbestos litigation. Our lawyers are skilled in asbestos trials and have handled thousands of cases in the time of their careers. We invite you to contact us to discuss your options if you've been injured by asbestos exposure. Preparing for the Trial There are several different ways that victims and their families can seek compensation for asbestos exposure, such as trust fund claims and lawsuits. Mesothelioma lawyers assist clients in determining who is accountable for the asbestos exposure and file suit in accordance with the law. Typically, asbestos cases are caused by negligence, strict liability, or breach of warranty. In mesothelioma cases there are usually a variety of potential defendants. Each state has laws that regulate how the responsibilities of various businesses are split. The discovery process is the first step in a mesothelioma suit. It lets the parties learn more about one another. In the discovery phase attorneys representing the plaintiffs and defendants will ask questions (interrogatories) and request documents from one another. Kazan Law helps clients gather relevant information to build an argument that is strong on their behalf. This includes finding out when and where their loved ones were the first exposed to asbestos, as well as any defendants who could be responsible. After receiving the data, lawyers will prepare for trial. This can include assembling experts, examining medical records, as well as gathering other evidence in support of the claim. According to the circumstances, trials can take days or months to conclude. Fortunately, the majority mesothelioma cases settle before trial dates. To prove their case, victims of mesothelioma must be ready to be a witness in deposition. During the deposition, attorneys ask questions under oath to the victim about their exposure to the disease and their medical history. It is important for witnesses to be truthful about what they know and don't. For example, if a person cannot recall the exact time they were exposed to asbestos or the time they were exposed it's not acceptable to speculate or guess. In addition to the testimony of a mesothelioma survivor, an experienced lawyer will also consult experts such as environmental and asbestos specialists as well as toxicologists and life-care planners. This can help strengthen the client's mesothelioma claim and increase the likelihood of a positive outcome at trial. A decision in favor of the asbestos victim could result in a substantial amount of settlement for funeral expenses, and other financial losses. In some states, asbestos victims may be entitled to additional damages for their pain and suffering.