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How to Prepare an Asbestos Case In order to prove that an asbestos case is successful, it must be proven that the person was injured by exposure to asbestos. This usually requires review of a person's employment history. It is important to know that an asbestos case is a product liability claim. The attorney representing the plaintiff must prove that the defendant breached its duty of care. Identifying the source of exposure Asbestos exposure can be triggered in many ways. However, the majority of asbestos-related claims involve occupational exposure. This includes those who handled asbestos raw substances, workers who worked at asbestos processing or manufacturing facilities as well as those who lived near these sites. A lawyer will need to determine the exact circumstances under which the plaintiff was exposed asbestos in the course of pursuing the suit. It is helpful to interview either the individual or their family during this process. This will help to establish the dates of exposure, as well as the duration of exposure and whether or it was continuous. The more information you are able to give your attorney the greater chance of winning the case. The majority of asbestos-related illnesses involve occupational exposure however, some victims have had exposure from secondhand sources, and some have been exposed via products for consumers that contain asbestos. Inhalation of asbestos is the most common method of exposure, and usually leads to illnesses. However, dermal contact or eating seafood contaminated by the toxins are also methods of being exposed. Asbest may cause a variety of ailments including mesothelioma, cancer of the lung and the pleural lesions. Symptoms typically begin with a cough and shortness of breath. Other symptoms include abdominal pain, fatigue, and loss of appetite. Some people are exposed via the air to asbestos which is naturally occurring. The small amounts of exposure to asbestos do not cause illness. Hundreds of companies have used asbestos in their products, buildings and mining operations. These include construction, shipbuilding and insulators, as well as manufacturers of household and commercial products. Asbestos can be found in drywall and some building materials. It was also used in electrical and plumbing applications. Workers have been injured by asbestos in almost every field that uses the material. Those in the most dangerous jobs, such as asbestos miners, are most likely to develop asbestos-related diseases. However those who have been exposed to asbestos-related dust are also at risk. Because of the long delay, some victims will not receive a diagnosis until after the passing of their loved one or they have reached retirement age. In the process of developing a Database The first step in preparing an asbestos claim is gathering a complete record of the victim's exposure. This could include interviews with family members, colleagues, abatement workers, and suppliers. This can take a number of years in certain cases. This is because in order to be successful in a mesothelioma case you require two pieces of evidence. An attorney for mesothelioma can assist by obtaining asbestos databases from a private database. These databases can be used to identify companies, employers, and websites that are responsible for. Additionally, mesothelioma lawyers may look over a patient's medical record and determine what type of mesothelioma they've developed due to their exposure. Once a lawyer confirms mesothelioma diagnosis they can begin building an asbestos case. This includes a timeline of the patient's career as well as work history, as well in identifying any asbestos-containing products they worked with and dealt with in their various jobs. This information is vital for mesothelioma cases since asbestos exposure can happen over a period of years. It is difficult to pinpoint a specific employer or business as the source of the condition. A mesothelioma attorney can use an asbestos database to identify possible defendants, and then build an effective legal case for their client. In some cases mesothelioma in a person's body could be caused by a mix of asbestos-containing products. Asbestos lawyers may also make use of the database of asbestos-containing product recalls, which can be utilized by multiple companies and work places. 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 generally used to compensate mesothelioma survivors. These funds are typically set aside by asbestos firms which have gone bankrupt. If you are considering a lawsuit against asbestos it is important to consider the financial impact on the family of the victim. The reason for this is because mesothelioma is usually fatal and the family members of the victim will be impacted by a substantial loss of income. This can increase 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 making an asbestos lawsuit, it is crucial to determine all defendants who could have contributed to the damage. This can be accomplished by conducting interviews and examining the construction records and invoices. Your lawyer will investigate these claims on behalf of you even if the defendants say they don't believe they are responsible. As the case develops, through investigation of expert witnesses and the review of evidence, new defendants might be discovered and existing defendants could be able exonerate themselves. Many asbestos lawsuits include numerous potential defendants. The reason is that asbestos lawsuits are extremely complex and the victims' lives have been affected in various ways due to asbestos exposure. 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. Therefore, it is essential that the lawyer representing the victim identify any potential defendants to help them pursue the maximum amount of damages allowed under the law of the state. fresno asbestos law firm must show that the defendants acted negligently. This can be achieved through the four negligence elements that include frequency of exposure and duration of exposure, proximity to the source of the exposure, and the absence of warnings about the asbestos-related health risk. Many factors can exacerbate the asbestos case, for example the long latency time of many asbestos-related ailments. This means that an asbestos-related disease, such as mesothelioma, can be diagnosed many years after the last exposure to asbestos. In these types of cases, the victim's attorney must also make an argument for causality. This requirement is difficult to meet because the plaintiff's doctor has to prove a connection between the defendants negligence and the illness of the victim. 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. If you have been injured through exposure to asbestos, get in touch with us now to discuss your options for obtaining compensation. Preparing for Trial There are numerous ways that victims and their families can claim compensation for asbestos exposure, such as trust fund claims and lawsuits. Mesothelioma lawyers help clients determine which defendants are accountable and file suit accordingly. Typically, asbestos cases are founded on negligence, strict liability, or breach of warranty. There are usually many potential defendants in mesothelioma-related litigation and every state has its own rules on how responsibilities are divided among multiple companies. The discovery process is the initial step in a mesothelioma suit. It allows the parties to know more about one another. During the discovery process attorneys from both the plaintiffs' and defendants' sides are able to ask each other questions (interrogatories), and seek documents. Kazan Law helps clients gather relevant information and put together an argument that is strong on their behalf. This includes finding out where and when their loved ones have been exposed to asbestos, and the names of any defendants that might be responsible. Once they have the data, lawyers will prepare for trial. This can include assembling experts, examining medical records, and gathering other evidence to support the claim. Trials can be a few days or months, depending on the circumstances. Fortunately mesothelioma lawsuits are the most common. lawsuits are settled prior trial dates. In order to be able to prove their case, mesothelioma sufferers must be prepared for deposition. In a deposition, attorneys will question the patient under oath about their exposure and medical history. It is crucial that the witness is honest about what they do and do not know. For instance when a person is unable to remember how they were exposed to asbestos or what happened, it is not acceptable to make guesses or speculate. A lawyer with experience will not just consult mesothelioma patients, but also experts like environmental and asbestos specialists, toxicologists and life care planners. This will help the client's mesothelioma claims and increase the likelihood of a favorable result at trial. A decision in the asbestos victim's favor could result in a substantial amount of compensation for funeral expenses and other financial loss. In some states, the victims may be entitled to additional damages for suffering and pain.