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How to Prepare an Asbestos Case In order to prove that asbestos cases are successful the case must be proven that the victim was injured as a result of exposure to asbestos. This usually requires a thorough review of the person's previous work history. It is essential to know that asbestos claims are product liability claim. The lawyer representing the plaintiff must prove that defendant violated its duty of diligence. Determining the Source of Exposure Asbestos is a substance that can be exposed in a variety of ways. The majority of asbestos-related lawsuits are due to occupational exposure. This includes those who handled raw asbestos materials, employees employed at asbestos processing or manufacturing sites as well as those who lived near these facilities. As the lawsuit progresses, lawyers must establish the exact circumstances in which the plaintiff was exposed to asbestos. It is helpful to interview either the individual or their family members during the process. This can help establish the dates of exposure, the duration of exposure and whether or it was continuous. The more information you can give your attorney more likely you are of winning the case. Some asbestos-related cases are due to occupational exposure. Others have been exposed to asbestos through contamination of consumer products. Inhalation of asbestos is the most frequent method of exposure and usually causes an illness. However, dermal contact or eating seafood that has been contaminated are also ways of being exposed. The toxicity of asbestos can result in several types of diseases, including mesothelioma, 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 that is naturally occurring. The low levels of exposure do not cause disease. A multitude of companies have used asbestos in their buildings, products and mining operations. These include construction, shipbuilding insulation, and producers of commercial and household products. Asbestos is present in drywall and some building materials. It was also employed in plumbing and electrical applications. Workers have sustained asbestos-related injuries in almost every industry that makes use of the material. The most hazardous jobs, like asbestos miners are the most likely to suffer from asbestos-related illnesses. However, those who have been exposed to other asbestos-related particles are also at risk. Due to the lengthy time of latency, people may not be diagnosed until after the passing of a loved one or when they reach retirement age. The process of creating an Database The first step in preparing an asbestos claim is to gather an accurate record of the exposure. This can include interviews with family members, colleagues or abatement workers as well as suppliers. In some instances it can take a number of years to complete this task. This is because a successful mesothelioma lawsuit requires two key pieces of evidence in order to prove exposure and medical proof of the disease. An attorney for mesothelioma can assist by accessing asbestos databases owned by the company. They can help identify responsible companies, employers and job sites. Mesothelioma attorneys can also review medical documents to determine the kind of mesothelioma the patient has developed as a consequence of their exposure. If a lawyer has confirmed mesothelioma as a diagnosis, they can start building an asbestos case. This includes a timeline and a history of employment of the patient, as well as identifying any asbestos-containing products that they worked with or around in their various positions. This information is crucial in a mesothelioma lawsuit since asbestos exposure often occurs over the course of decades. It is difficult to determine a specific employer or company as the source of the disease. A mesothelioma attorney can use an asbestos database to identify possible defendants, and build a strong legal argument for their client. In some cases mesothelioma cases, the patient's condition could be the result of an amalgamation of asbestos-containing products. Asbestos attorneys may also utilize an asbestos product database recalls, which can be used by multiple companies and work sites. Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Or, they could claim a mesothelioma trust fund claim. Trust funds are generally used to pay mesothelioma patients. These funds are usually set aside by asbestos firms that have been bankrupted. It is important to consider the financial implications of a lawsuit involving asbestos on the victim's loved ones. The reason for this is because mesothelioma can be fatal and the family members of the victim will suffer a significant loss of income. This can significantly increase the value of a mesothelioma claim. A knowledgeable mesothelioma attorney can ensure that all of the economic losses suffered by the victim are considered and included in their legal claims. Identifying Potential Defendants It is essential to identify any defendants that may have caused injury when filing an asbestos lawsuit. This can be accomplished by conducting interviews and reviewing invoices or construction records. Your lawyer will address these claims on your behalf even if the defendants say they don't believe they are accountable. As the case progresses by conducting expert witness investigations and evidence review new defendants could be identified, or existing defendants may be able exonerate themselves. Many asbestos lawsuits involve dozens of potential defendants. The reason for this is because asbestos cases are extremely complex and the lives of victims were impacted in different ways by asbestos exposure at various workplaces. For instance, an asbestos victim may have worked in a shipyard and then went to work at an oil refinery or some other kind of industrial plant. It is therefore vital that the lawyer for the victim determine the possible defendants to help obtain the maximum amount of damages that are available under state law. The attorney for the plaintiff must demonstrate that the defendants acted negligently. This can be done 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 risk. Several factors can complicate an asbestos-related situation, including the long latency time of many asbestos-related ailments. This means that an asbestos-related disease, such as mesothelioma, could be discovered years after the last asbestos exposure. In these types of cases, the attorney representing the victim could also be required to make the case of causality. This is a difficult requirement to prove because the plaintiff's physician must establish an association between the defendant's negligence and the victim's illness. The lawyers of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers are experienced in asbestos litigation and have handled thousands of cases over the time of their careers. If you've been injured due to exposure to asbestos, contact us today to discuss your options for obtaining compensation. Prepare for the Trial There are numerous ways that victims and their families can claim compensation for asbestos exposure, including lawsuits and trust fund claims. south gate asbestos attorney assist clients in determining who is liable for the asbestos exposure and file suit in line with. Typically, asbestos cases are based on negligence, strict liability or breach of warranty. There are typically a lot of potential defendants involved in mesothelioma-related litigation and every state has its own rules on how responsibilities are divided among several companies. The discovery process is the initial step in a mesothelioma lawsuit. It allows the parties to know more about one another. During the discovery process attorneys for plaintiffs and defendants ask questions (interrogatories) and request documents from one another. Kazan Law helps clients gather relevant information and create an argument that is strong on their behalf. This includes determining where and the date their loved ones were exposed to asbestos, as well as the names of any defendants who might be responsible. After gathering the information, lawyers will prepare for trial. This can include assembling experts, examining medical records, as well as gathering other evidence to support the claim. Depending on the circumstances, trials can take weeks or even months to conclude. Fortunately, the majority of mesothelioma cases are settled before trial dates. To prove their case, mesothelioma victims must be prepared to give evidence at a deposition. During a deposition, attorneys will question the victim under an oath about their exposure as well as medical background. It is crucial for witnesses to be truthful about what they know and don't. It is not acceptable for witnesses to guess or speculate for example, if they are unable to remember how or when they were confronted. In addition to the testimony of a mesothelioma survivor A seasoned lawyer may also seek out experts such as environmental and asbestos specialists, toxicologists and life-care planners. This can help strengthen the mesothelioma claim of a client and increase the odds that a favorable verdict will be made at trial. A verdict in favor of the asbestos patient could result in a substantial amount of compensation to cover medical expenses, funeral costs, and other financial losses. In certain states, asbestos victims could be eligible to receive additional damages for suffering and pain.