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How to Prepare an Asbestos Case In order to prove that an asbestos case is successful it must be proved that the person was injured through exposure to asbestos. This usually requires looking over a person's past work history. It is important to be aware that an asbestos claim is a product liability claim. The plaintiff's lawyer must prove that the defendant did not fulfill its duty of diligence. Determine the source of exposure Asbestos can be exposed in many different ways. The majority of asbestos-related claims are attributed to occupational exposure. Workers who handled asbestos raw materials or worked in asbestos processing or manufacturing sites, and those who lived close to asbestos processing sites are all included. As the lawsuit progresses an attorney must determine the specific circumstances under which the plaintiff was exposed to asbestos. It is helpful to interview either the individual or their family during this process. This will help determine the dates of exposure, as well as the duration of the exposure and whether or not it was continuous. The more information you are able to give your attorney, the better chance of winning the case. While the vast majority of asbestos-related incidents involve occupational exposure but some victims have also experienced exposure through secondhand sources and others have been exposed through products for consumers that contain asbestos. Inhalation is the primary route of exposure to asbestos, and it is usually what causes illness, but contact through the skin and eating contaminated seafood can also be ways of exposing. Asbest may cause a variety of ailments including mesothelioma, lung cancer, and the pleural lesions. The symptoms typically begin with coughing and shortness of breath. Other symptoms include abdominal pain, fatigue, and a loss of appetite. Some people are exposed via the air to asbestos that is naturally occurring. The small amounts of exposure to asbestos do not cause illness. Asbest was used by hundreds of companies in their building as well as in mining operations and products. Construction, shipbuilding and insulators, as as manufacturers of household products and commercial products are all covered. Asbestos can be found in building materials and drywall, and was used in various plumbing and electrical systems. Nearly every industry that uses asbestos has experienced injuries due to the material. The most at-risk employees, such as asbestos miner are the most susceptible to developing diseases related to asbestos. However those who have been exposed to other asbestos-related particles are also at risk. Because of the long time lag, victims may not be diagnosed until after their loved one has died or they attain retirement age. Developing the Database The first step in preparing an asbestos case involves making a complete record of the victim's exposure. This may include interviews with co-workers or family members, asbestos the abatement team and suppliers. In some instances, it may take years to complete this task. This is because a successful mesothelioma lawsuit requires two essential pieces of evidence the proof of exposure as well as medical proof of disease. A mesothelioma lawyer can help by gaining access to proprietary databases of asbestos. These databases can be used to find employers, companies, and job sites that are accountable. Furthermore, mesothelioma lawyers can look over medical records of patients and determine what type of mesothelioma they've developed due to their exposure. If a lawyer has confirmed mesothelioma as a diagnosis, they can start building an asbestos case. This includes the timeline and employment history of the patient, as well as identifying any asbestos-containing products that they used or worked with during their various roles. This information is crucial for mesothelioma cases as asbestos exposure can occur over the course of a number of years. It is difficult to identify a specific employer or company that is the cause of the injury. A mesothelioma lawyer can use an asbestos database to determine potential defendants and then build an effective legal case for their client. In certain cases mesothelioma may be caused by a combination of asbestos-containing products. Asbestos attorneys can also use a database of asbestos product recalls that can be utilized by multiple companies and work sites. Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also claim compensation from mesothelioma trust funds. Trust funds are generally used to compensate mesothelioma victims. They are typically set aside by asbestos companies which have been bankrupted. It is crucial to think about the financial consequences of a lawsuit involving asbestos on the loved ones of the victims. The reason for this is because mesothelioma is often fatal and the victim's loved ones will suffer a significant loss of income. This can greatly increase the value of a mesothelioma claim. A mesothelioma lawyer can ensure that the victim's financial losses are included in the legal claim. Identifying potential defendants When filing an asbestos lawsuit, it is crucial to determine all defendants who could have contributed to the damage. This can be done through interviews and looking over the construction records and invoices. Your lawyer will address these claims for you if the defendants deny they are accountable. As the case progresses through expert witness investigations and review of evidence, new defendants can be discovered or existing defendants could be able to discredit themselves. Many asbestos lawsuits involve a myriad of potential defendants. This is because asbestos lawsuits are extremely complex and the victims have suffered in different ways due to asbestos exposure. Asbestos-related victims might have worked in a shipyard, and then moved to an oil refinery, or another type of industrial plant. Therefore, it is essential that the victim's lawyer determine all potential defendants so that they can aid in pursuing the maximum amount of damages allowed under the law of the state. The lawyer for the plaintiff must demonstrate that the defendants were negligent. This can be achieved through the four negligence elements which include the frequency of exposure as well as the duration of exposure proximity to the source of exposure and the absence of warnings regarding the asbestos-related health risk. There are many factors that can cause complications in an asbestos-related situation, including the long latency time of various asbestos-related diseases. This means that someone could be diagnosed with a disease such as mesothelioma years after his or her last asbestos exposure. In these cases the attorney representing the victim could be required to prove causality. This is a harder requirement to meet since it requires the plaintiff's doctor to establish a link between the defendant's negligence and victim's illness. Rose Klein & Marias LLP represents clients in Southern California and throughout the United States for asbestos litigation. Our lawyers have handled a multitude of cases over the course of their careers. They have experience in asbestos litigation. If you've suffered an injury from exposure to asbestos get in touch with us now to discuss your options for recovering compensation. Prepare for the Trial There are a myriad of ways victims and their families may seek compensation for asbestos exposure. This includes lawsuits and trust funds. Mesothelioma lawyers help clients determine the defendants who are responsible and make a claim accordingly. The majority of asbestos cases are made up of 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 regarding the way in which responsibilities are distributed among multiple corporations. A mesothelioma suit begins by completing the discovery phase, which allows the parties involved in a case to find out information about each other. During the discovery process attorneys for plaintiffs and defendants pose questions (interrogatories) and request documents from each other. Kazan Law assists clients in gathering relevant information in order to create a solid case for them. This includes determining the time and place where their loved ones were first exposed to asbestos as and any defendants who may be responsible. After obtaining this information, lawyers will prepare for trial. This may include gathering experts, examining medical records, and assembling other evidence to support the claim. Trials can last for days or even months, depending on the circumstances. Fortunately, the majority mesothelioma cases are settled before trial dates. To establish their case, those suffering of mesothelioma must be ready to give evidence in deposition. During a deposition, attorneys will question the victim under the oath regarding their exposure and medical background. It is important for the witness to be honest about what they know and don't. For example, if a person cannot remember the time they were exposed to asbestos or when it's not appropriate to speculate or guess. An experienced lawyer does not just call a mesothelioma victim, but also experts like asbestos and environmental specialists as well as life care planners and toxicologists. This will help the mesothelioma case of the client and increase the chances of a favorable result at trial. A verdict in favor of the asbestos victim can result in a substantial amount of compensation to pay for medical costs, funeral costs and other financial loss. In flower mound asbestos attorney , asbestos victims may be entitled to additional compensation for their pain and suffering.