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How to Prepare an Asbestos Case To prove that an asbestos case is successful it must be proved that the victim was injured due to exposure to asbestos. This usually requires a review of the individual's prior work history. cicero asbestos attorney is crucial to understand that an asbestos claim is a product liability claim. The lawyer representing the plaintiff must prove that the defendant acted in breach of its duty of diligence. Determining the Source of Exposure Asbestos is a substance that can be exposed in many different ways. The majority of asbestos-related claims relate to occupational exposure. This includes those who handled raw asbestos materials, workers employed at manufacturing or processing sites for asbestos and those who lived near these sites. As the lawsuit progresses, lawyers must determine the specific circumstances under which the plaintiff was exposed to asbestos. It is beneficial to interview the individual or their family members during this process. This will help to establish the dates of exposure, the length of exposure and whether or it was continuous. The more information you give your attorney the better chance you have of winning the case. Although the majority of asbestos-related cases involve work exposure certain victims have suffered exposure through secondhand sources and others were exposed through contaminated consumer products. Inhalation is the most frequent route of exposure to asbestos, and is typically what causes illness, but dermal contact and eating seafood that is contaminated can also be sources of exposure. The toxicity of asbestos may cause various types of illnesses, such as mesothelioma and lung cancer as well as pleural plaques. The signs typically start with breathing problems and coughing. Other symptoms include abdominal pain, fatigue, and a loss of appetite. Certain people are exposed through the air to asbestos which is naturally occurring. The small amounts of exposure to asbestos does not cause disease. Asbest was used by hundreds of companies in their building, products and mining operations. This includes shipbuilding, construction insulation, and producers of household and commercial products. Asbestos is found in drywall as well as other building materials. It was also utilized in plumbing and electrical applications. Nearly every industry using asbestos has had to deal with injuries related to the substance. The most at-risk workers, like asbestos miner are most likely to develop illnesses linked to asbestos. However those who have been exposed to other asbestos-related materials are also at risk. Because of the long time of latency, people may not be diagnosed until after the death of a loved one or after they reach retirement age. In the process of developing the Database The first step to preparing an asbestos claim is gathering an accurate record of the exposure. This may include interviews with co-workers and family members, contractors and abatement workers. In some cases it could take a long time to complete this process. This is because a mesothelioma-related claim that is successful requires two primary elements of evidence: proof of exposure and medical proof of disease. A mesothelioma attorney can help by accessing asbestos databases owned by the company. These databases can be used to determine employers, companies and websites that are responsible for. Furthermore, mesothelioma lawyers can review a patient's medical records and determine what kind of mesothelioma the patient has developed because of their exposure. Once a lawyer confirms mesothelioma as a diagnosis they can begin building an asbestos case. This will include an employment history and timeline of the patient, along with identifying any asbestos-containing products that they worked with or around in various jobs. This information is vital for mesothelioma cases since asbestos exposure can happen over a time period of. It is difficult to pinpoint a specific employer or business as the source of the injury. A mesothelioma lawyer could use an asbestos database to find potential defendants and create a solid legal case on behalf of their client. In certain cases mesothelioma can result by a combination or different asbestos-containing products. Asbestos lawyers may also make use of the database of asbestos-containing product recalls that 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. They may also file a claim against a mesothelioma fund. Trust funds are generally used to pay mesothelioma patients. They are typically reserved by asbestos-related companies that have been bankrupted. If you are considering a lawsuit against asbestos it is crucial to think about the financial impact on the victim's family. The reason is that mesothelioma can be fatal and the family members of the victim will be impacted by a substantial loss of income. This can greatly increase the value of a mesothelioma suit. An experienced mesothelioma attorney will make sure that all of the economic losses suffered by the victim are considered and included in their legal claims. Identifying Defendants who could be a potential defendant When you file an asbestos lawsuit it is crucial to pinpoint all defendants who could have contributed to the injury. This can be done by conducting interviews and reviewing construction records or invoices. Your lawyer will investigate these claims on behalf of you in the event that the defendants claim they are responsible. As the case progresses, by conducting expert witness investigations and review of evidence the possibility of new defendants being identified or defendants who are already in the case may be exonerated. Many asbestos lawsuits include a multitude of defendants. The reason is that asbestos lawsuits are complicated and the victims' lives were impacted in different ways through asbestos exposure at different places of work. For instance an asbestos victim might have worked in the shipyard, and then moved to work for an oil refinery or another kind of industrial plant. It is therefore crucial that the victim's attorney identify any potential defendants to assist him or her pursue the maximum amount of compensation available under state law. The lawyer representing the plaintiff must prove that the defendants were negligent. This can be accomplished through the four negligence elements: frequency of exposure as well as the duration of exposure proximity to the source of exposure, and the absence of warnings concerning the asbestos-related health risks. There are many factors that can cause complications in asbestos cases, such as the long latency period of many asbestos-related illnesses. This means that someone could be diagnosed with a condition such as mesothelioma many years after the last exposure to asbestos. In these cases, the victim’s attorney may have to prove causality. This is a difficult requirement to meet because the plaintiff's doctor must prove an association between the defendant's 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 thousands cases in their careers and have extensive experience in asbestos litigation. Please contact us to discuss your options if been injured due to asbestos exposure. Preparing for Trial There are a variety of ways victims and their families can claim compensation for asbestos exposure, such as lawsuits and trust fund claims. Mesothelioma lawyers help clients determine which defendants are liable and make a claim accordingly. Most asbestos cases are caused by negligence, strict liability or breach of warranty. In mesothelioma cases there are often a number of potential defendants. Each state has laws that regulate the way in which the responsibilities of several companies are apportioned. The discovery process is the primary step in a mesothelioma suit. It allows the parties to find out more about each other. During the discovery stage attorneys from both plaintiffs and defendants' side are able to ask each other questions (interrogatories), and seek documents. Kazan Law assists clients in gathering relevant information in order to create a convincing case. This includes finding out where and the date their loved ones were exposed to asbestos, and the names of any defendants who may be responsible. After receiving the information, attorneys will prepare for trial. This may include gathering expert witnesses, reviewing medical records, and gathering other evidence in support of the claim. Based on the circumstances, trials can take weeks or even months to conclude. Fortunately that the majority of mesothelioma lawsuits are settled prior trial dates. In order to establish their case, mesothelioma victims must be prepared for deposition. During the deposition, lawyers ask questions under oath to the patient about their exposure and medical history. It is important that the witness be honest about what they have done and don't know. It is not acceptable for witnesses to speculate or guess, for example, if they can't recall the date or time they were found out. A lawyer with experience is not just able to call mesothelioma sufferers as well as experts such as asbestos and environmental specialists, toxicologists and life care planners. This can strengthen the mesothelioma case of a client and increase the chance that a favorable verdict will be made at trial. A verdict in favor of the asbestos victim can result in substantial compensation to pay for funeral expenses and other financial loss. In some states, asbestos victims could be entitled to additional compensation for their pain and suffering.