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How to Prepare an Asbestos Case In order to prove that asbestos cases are successful it must be proved that the victim was injured due to exposure to asbestos. This often requires reviewing a person's 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 acted in breach of its duty of care. Determining the Source of Exposure Asbestos exposure can occur in many ways. The majority of asbestos-related claims relate to occupational exposure. Workers who handled asbestos raw materials, those who worked in asbestos processing or manufacturing sites, and those who lived near to asbestos sites are all covered. As the lawsuit progresses an attorney must determine the exact circumstances that led to the plaintiff was exposed to asbestos. In this process, it is often beneficial to interview the individual or his/her their family. This will help determine the dates, duration and whether the exposure was continuous. The more information that is provided to the attorney the more successful the trial could be. The majority of asbestos-related incidents involve occupational exposure but some victims have also experienced exposure through secondhand sources and others were exposed through the use of contaminated consumer products. Inhalation of asbestos is the most frequent way to be exposed and usually causes an illness. However, dermal contact or eating contaminated seafood are also ways of being exposed. Asbest may cause a variety of ailments like mesothelioma, lung cancer and lesions of the pleura. Symptoms usually begin with coughing and breathlessness. Other symptoms include abdominal pain, fatigue or loss of appetite. Certain people are exposed to naturally occurring asbestos in the air outside and the resulting low levels of exposure do not usually lead to disease. Asbest was used by hundreds of companies in their buildings as well as in mining operations and products. Construction, shipbuilding and insulators, as as manufacturers of household goods and commercial products are all covered. Asbestos is a component of building materials and drywall, and was used in a variety of electrical and plumbing applications. Workers have sustained asbestos-related injuries in almost every field that uses the material. Those in the most dangerous jobs, such as asbestos miners, are more likely to suffer from asbestos-related illnesses. Those who have been exposed asbestos-related dust or debris are also at risk. Due to the long latency those who suffer from asbestosis may not be identified until after their loved one has died or they reach retirement age. Developing an Database The first step in making an asbestos case is creating a comprehensive record of the person's exposure. This may include interviews with coworkers as well as family members, the abatement team and suppliers. In some instances it can take a number of years to complete this process. This is because a successful mesothelioma claim requires two key pieces of evidence: proof of exposure and medical proof of the disease. A mesothelioma lawyer could assist by obtaining proprietary databases of asbestos. These databases can be used to identify companies, employers, and job sites that are accountable. Mesothelioma attorneys may also look through medical documents to determine the kind of mesothelioma a patient has acquired as a result of their exposure to. Once a lawyer has confirmed mesothelioma diagnosis they can begin building an asbestos case. This will include a timeline of the patient's life and employment history, as as identifying all asbestos-containing products they handled and worked around at various jobs. This information is vital for a mesothelioma suit as asbestos exposure can occur over the course of a number of years. This makes it difficult to pinpoint one specific employer or company responsible for the ailment. An attorney for mesothelioma can utilize an asbestos data base to find potential defendants and create a strong legal case for their client. In some cases mesothelioma is caused by a combination or different asbestos-containing products. Asbestos lawyers can also use an asbestos product recall database, which can be used to trace various manufacturers and job sites. Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. Alternately, they may submit a mesothelioma-related trust fund claim. Trust funds are typically used to compensate mesothelioma sufferers. These funds are typically put aside by asbestos companies that have gone bankrupt. It is important to consider the financial implications of an asbestos lawsuit on the victim's loved ones. This is because mesothelioma can be fatal and the family of the victim will likely face a substantial loss of income. This could increase the value of mesothelioma claim. A mesothelioma attorney will ensure that the victim's financial losses are included in the legal claim. Identifying potential defendants It is essential to identify any defendants that may have contributed to the injury when making an asbestos lawsuit. This can be done through interviews as well as a review of documents related to construction or purchase orders. Your lawyer will investigate these claims on your behalf even if the defendants say they don't believe they are responsible. As the case progresses, with expert witness investigations and evidence review the possibility of new defendants being identified or defendants who are already in the case may be able exonerate themselves. Many asbestos lawsuits have dozens of defendants. It is because asbestos cases are extremely complex and the victims are affected in a variety of ways because of asbestos exposure. For instance, an asbestos victim may have worked at an shipyard before going to work at an oil refinery or another type of industrial plant. It is therefore crucial that the attorney representing the victim identify the possible defendants to help pursue the maximum amount of compensation available under state law. The attorney representing the plaintiff must prove that the defendants acted negligently. This can be accomplished by showing the four elements of negligence: frequency of exposure (duration of exposure), proximity to the source and absence of warnings regarding the asbestos-related danger. Many factors can complicate asbestos cases, including the long latency periods of many asbestos-related diseases. This means that someone could be diagnosed with a disease like mesothelioma for a long time after his or her last asbestos exposure. In these instances the attorney representing the victim could be required to prove the causality. This element is more difficult to satisfy, since it requires that the plaintiff's doctor establish a connection between defendant's negligence as well as the patient's illness. The attorneys of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. phoenix asbestos law firm are experienced in asbestos-related trials and have handled thousands of cases in the time of their careers. Please contact us to discuss your options if been injured by asbestos exposure. Preparing for the Trial There are numerous ways in which families and victims can seek compensation for asbestos exposure, including trust fund claims and lawsuits. Mesothelioma lawyers help clients determine who is liable for the asbestos exposure and file suit according to. Asbestos cases are usually founded on negligence or strict liability. There are a variety of potential defendants in mesothelioma lawsuits and each state has its own rules on how responsibilities are divided among multiple companies. The discovery process is the first stage in a mesothelioma case. It lets the parties learn more about one another. During the discovery phase attorneys from both plaintiffs and defendants' side are able to ask each other questions (interrogatories) and request documents. Kazan Law assists clients in gathering relevant information to build an effective case for them. This includes determining the location and the time their loved ones were exposed to asbestos, as well as the names of any defendants who could be accountable. After obtaining this information, lawyers will begin preparing for trial. This may include gathering expert witnesses, reviewing medical records, and gathering other evidence in support of the claim. Trials can be a few days or months depending on the circumstances. Fortunately most mesothelioma lawsuits are settled prior trial dates. To be able to prove their case, mesothelioma patients must be prepared to give evidence at a deposition. During the deposition, attorneys will ask questions under oath about their exposure to the disease and their medical history. It is essential for witnesses to be truthful about what they know and don't. For instance the person who is unable to recall how they were exposed to asbestos or the time they were exposed it's not acceptable to make guesses or speculate. In addition to testimony from mesothelioma sufferers A seasoned lawyer will also consult experts like asbestos and environmental specialists along with toxicologists and life-care planning experts. This can help strengthen the mesothelioma case of the client and increase the likelihood of a favorable result at trial. A verdict in favor of the asbestos victim can result in a substantial settlement to pay for medical costs, funeral costs, and other financial losses. In certain states, asbestos victims may be entitled to additional compensation for pain and suffering.