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How to Prepare an Asbestos Case To prove that an asbestos case is successful the case must be proven that the person was injured by exposure to asbestos. This usually requires looking over a person's past work history. It's important to recognize that an asbestos case is a product liability claim. The lawyer for the plaintiff must show that defendant violated its duty of care. Identifying the source of exposure Asbestos exposure can be triggered in a variety of ways. However the majority of asbestos-related claims involve occupational exposure. This includes those who handled asbestos raw materials, employees who worked at asbestos processing or manufacturing facilities as well as those who lived near these sites. A lawyer must determine the exact circumstances under which the plaintiff was exposed to asbestos while pursuing the case. It is beneficial to interview the individual or their loved ones 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 information that is available to the attorney, the more successful the trial could be. Although the majority of asbestos-related cases involve occupational exposure but some victims have also experienced exposure to asbestos through the air and were exposed through contaminated consumer products. Inhalation is by far the most popular way to be exposed to asbestos, and it is usually the reason for illness, but contact with the skin or eating seafood that is contaminated can also be ways of exposing. The toxic nature of asbestos can cause a variety of diseases, including mesothelioma, lung cancer, and pleural plaques. The signs typically start with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and loss of appetite. Some people are exposed naturally occurring asbestos in outdoor air and the resulting lower levels of exposure seldom lead to disease. A multitude of companies have used asbestos in their products, buildings as well as in mining operations. These include construction, shipbuilding insulation, and producers of household and commercial products. Asbestos is found in some building materials and drywall, and it was used in various plumbing and electrical systems. Nearly every industry that uses asbestos has had injuries related to the material. The most hazardous jobs, like asbestos miners, are the most likely to contract asbestos-related illnesses. However, those who have been exposed to asbestos-related materials are also at risk. Due to the lengthy time between latency, patients may not receive a diagnosis until after the death of a loved one, or after they reach retirement age. Developing the Database The first step in creating an asbestos claim is to gather an accurate record of the person's exposure. This may include interviews with co-workers and family members, the abatement team and suppliers. This can take a number of years in certain cases. This is because a mesothelioma-related claim that is successful requires two primary pieces of evidence: proof of exposure and medical proof of the disease. A mesothelioma lawyer may be able to assist by accessing proprietary databases of asbestos. These can be used to find liable employers, companies and job websites. Additionally, mesothelioma lawyers may look over a patient's medical record and determine what kind of mesothelioma they've developed because of their exposure. Once mcallen asbestos lawyer has confirmed mesothelioma is the diagnosis and has been able to begin constructing an asbestos claim. This includes a timeline and a history of employment of the patient, in addition to identifying any asbestos-containing product they worked with or around in their various positions. This information is essential in a mesothelioma lawsuit since asbestos exposure can occur over the course of decades. It is difficult to pinpoint a specific employer or business as the source of the injury. A mesothelioma lawyer can use an asbestos data base to find potential defendants and build an effective legal case for their client. In some instances mesothelioma is caused by a combination of asbestos-containing products. Asbestos lawyers also have access to an asbestos recall database which can be used to track various manufacturers and job sites. Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They may also claim compensation from mesothelioma funds. Trust funds are usually used to pay mesothelioma patients. These funds are typically put aside by asbestos companies that have gone bankrupt. When pursuing an asbestos lawsuit it is crucial to think about the financial implications on the family of the victim. This is because mesothelioma can be fatal and the family of the victim will likely face a substantial loss of income. This could boost the value of mesothelioma-related claims. A mesothelioma lawyer can ensure that the financial losses of the victim are included in the legal claim. Identifying Defendants who could be a potential defendant When filing an asbestos lawsuit, it is important to identify the defendants who may have contributed to the damage. This can be accomplished by conducting interviews, and then reviewing the construction records and invoices. Your lawyer will address these claims for you when the defendants deny that they are responsible. As the case progresses, by conducting expert witness investigations and a review of evidence, new defendants can be identified, or existing defendants may be able exonerate themselves. Many asbestos lawsuits have dozens of potential defendants. The reason is that asbestos lawsuits are incredibly complex and the victims' lives were affected in a variety of ways due to asbestos exposure at various places of work. Asbestos victims may have worked in a shipyard then transferred to an oil refinery or another type of industrial plant. It is therefore essential that the attorney representing the victim identify all possible defendants in order to assist the victim in attempting to pursue the maximum amount of damages available under state laws. The plaintiff's attorney must prove that the defendants acted negligently. This can be achieved through the four elements of negligence that include frequency of exposure and duration of exposure proximity to the source of the exposure and a lack of warnings regarding the asbestos-related health risk. Many factors can cause problems in asbestos-related cases, including the long latency period of many asbestos-related illnesses. This means that an individual could be diagnosed with a condition such as mesothelioma years after the last asbestos exposure. In these instances the attorney representing the victim could be required to prove the causation. This is a difficult requirement to prove since the plaintiff's doctor has to prove that there is a link between the defendant's negligence and the victim’s illness. Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our attorneys have handled a variety of cases during their careers and have experience in asbestos litigation. Contact us today to discuss your options if you've been injured by asbestos exposure. Prepare for the trial There are several different ways that families of victims can claim compensation for asbestos exposure, such as trust fund claims and lawsuits. Mesothelioma lawyers help clients determine who is responsible and make a claim accordingly. Asbestos cases usually are founded on negligence or strict liability. In mesothelioma-related cases, there are often a number of potential defendants. Each state has laws that govern the way in which the responsibilities of several companies are divided. A mesothelioma lawsuit begins with the discovery process which allows the parties in the case to discover details about each other. In the discovery phase attorneys for plaintiffs and defendants are asked questions (interrogatories) and request documents from one another. Kazan Law assists clients in collecting relevant information to create a convincing case. This includes determining when and where their loved ones were the first exposed to asbestos, as in addition to any defendants that could be responsible. After obtaining this information, lawyers will begin preparing for trial. This can include setting up expert witnesses, examining medical records, and gathering additional evidence to justify the claim. Based on the circumstances, trials could take a few days or even months to complete. Fortunately, most mesothelioma cases are settled prior to trial dates. In order to be able to prove their case, mesothelioma sufferers must be prepared to give evidence at deposition. In a deposition attorney will ask the victim under swearing under oath about exposure and medical history. It is essential for the witness to be honest about what they know and do not. For example, if a person cannot remember the time they were exposed to asbestos or what happened it's not appropriate to speculate or guess. An experienced lawyer does not just call mesothelioma victims, but also experts like environmental and asbestos specialists as well as toxicologists and life-care planners. This can help bolster the mesothelioma claim of a client and increase the chance that a favorable verdict will be reached in the trial. A verdict in favor of the asbestos victim may result in a substantial settlement to pay for medical costs, funeral costs and other financial loss. In some states, victims may be able to receive additional damages for suffering and pain.