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How to Prepare an Asbestos Case In order to prove that asbestos cases are successful, it must be proven that the person was injured as a result of exposure to asbestos. This usually involves review of a person's employment history. It is important to be aware that asbestos claims are product liability claim. The attorney representing the plaintiff must prove that the defendant violated its duty of care. Find out the source of exposure Asbestos-related exposure can occur in many ways. However the majority of asbestos-related claims involve occupational exposure. This includes those who handled raw asbestos materials, employees employed at asbestos processing or manufacturing facilities and those who lived near these facilities. As the case progresses, a lawyer must determine the exact circumstances that led to the plaintiff was exposed to asbestos. During this process, it's usually beneficial to speak with the plaintiff or his or her family. This will help determine the dates, duration and whether the exposure was continuous. The more details you give your attorney the better chance you have of winning the case. Some asbestos-related cases are caused by occupational exposure. Others have been exposed to asbestos through contamination of consumer products. Inhalation of asbestos is the most common method of exposure, and usually causes illnesses. However, dermal contact or eating seafood that is contaminated are also methods of being exposed. Asbest can trigger various illnesses including mesothelioma, lung cancer, and lesions of the pleura. Symptoms usually 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 very low levels of exposure to asbestos does not cause disease. Asbest was employed by hundreds of companies in their buildings products, mining operations, and other facilities. Shipbuilding, construction and insulators, as as the manufacture of household items 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. Nearly every industry that employs asbestos has had injuries related to the substance. The most at-risk workers, like asbestos miner are the most likely to develop diseases related to asbestos. If you've been exposed dust or asbestos-related particles are also at risk. Due to the long latency, victims may not be identified until after their loved ones have passed away or they attain retirement age. Making Database Database The first step in the preparation of an asbestos claim is to gather a complete record of the exposure. This could include interviews with coworkers as well as family members, the abatement team and suppliers. This process can take many years in certain instances. This is because a mesothelioma-related claim that is successful will require two main pieces of evidence in order to prove exposure and medical proof of the disease. A mesothelioma lawyer could assist by accessing proprietary databases of asbestos. These databases are used to identify employers, companies and job sites that are accountable. In addition, mesothelioma lawyers are able to look over medical records of patients and determine the type of mesothelioma they have developed as a result of their exposure. Once a lawyer has confirmed mesothelioma diagnosis, they can start building an asbestos case. This includes a timeline of the patient's professional and employment history, as well and identifying the asbestos-containing products they used and handled in their various jobs. This information is essential in a mesothelioma lawsuit since asbestos exposure is often a part of the course of decades. It is difficult to identify a specific company or company as the source of the disease. A mesothelioma lawyer could use an asbestos database to help identify possible defendants and build a solid legal case on behalf of their client. In some instances mesothelioma can have been caused by an amalgamation of asbestos-containing products. Asbestos lawyers also have access to an asbestos product recall database which can be used to track different manufacturers and job locations. Asbestos victims may file a personal injury or wrongful death lawsuit against a liable asbestos company. They can also submit a mesothelioma-related trust fund claim. Mesothelioma compensation from trust funds typically is the result of funds set aside by bankrupt asbestos companies. In indianapolis asbestos attorneys of pursuing an asbestos lawsuit it is important to think about the financial implications on the victim's family. The reason is that mesothelioma is usually fatal and the family members of the victim will suffer a significant loss of income. This can increase the value of mesothelioma lawsuits. A mesothelioma lawyer will make sure that the financial losses of the victim are included in the legal claim. Identifying Defendants who could be a potential defendant It is crucial to determine any defendants who may have contributed to the injury when making an asbestos lawsuit. This can be done through interviews, as well as through a review of construction records or purchase invoices. Your lawyer will address these claims on your behalf if the defendants deny they are responsible. As the case proceeds, with expert witness investigations and evidence reviews, new defendants can be discovered, and defendants already in the court may be exonerated. Many asbestos lawsuits have dozens of potential defendants. The reason is that asbestos lawsuits are extremely complex and the victims have suffered in various ways as a result of asbestos exposure. For example an asbestos-related victim could have worked at the shipyard, and then moved to work at an oil refinery or some other kind of industrial plant. Therefore, it is crucial that the lawyer representing the victim identify the potential defendants in order to help him or her pursue the maximum amount of damages allowed under state law. The lawyer for the plaintiff must demonstrate that defendants ' negligence was the cause. This can be accomplished 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 asbestos cases, for example, the long latency times of many asbestos-related diseases. This means that an asbestos-related illness, such as mesothelioma, can be diagnosed many years after the last exposure to asbestos. In these instances, the victim’s attorney may need to prove causality. This is a more difficult requirement to meet since it requires that the plaintiff's physician establish a causal link between defendant's negligence and victim's health. The attorneys of Rose Klein & Marias LLP represent clients across Southern California and the entire United States in asbestos litigation. Our lawyers have extensive experience in asbestos litigation and have handled thousands of cases over the duration of their careers. Contact us today to discuss your options if you've been injured as a result of asbestos exposure. Preparing for trial There are a variety of ways family members and victims can seek compensation for asbestos exposure. These include lawsuits and trust funds. Mesothelioma lawyers assist clients in determining who is liable for the asbestos exposure and file a suit accordingly. Asbestos cases are usually dependent on negligence or strict liability. In mesothelioma-related cases, there are usually a variety of potential defendants. Each state has laws governing how the responsibilities of various corporations are divided. The discovery process is the first stage in a mesothelioma case. It lets the parties learn more about each other. During the discovery process, attorneys from the plaintiffs' and defendants' sides have a discussion (interrogatories), and seek documents. Kazan Law assists clients in gathering relevant information in order to create a solid case for them. This includes determining where and when their loved ones have been exposed to asbestos, and the names of any defendants that might be responsible. After receiving the details, attorneys will prepare for trial. This can include setting up experts as witnesses, reviewing medical records, and gathering other evidence to prove the claim. Depending on the circumstances trials may take a couple of days or months to complete. Fortunately, most mesothelioma cases settle before trial dates. In order to establish their case, mesothelioma sufferers must be prepared to testify in deposition. During the deposition, lawyers ask questions under oath to the patient about their exposure to the disease and their medical history. It is essential for the witness to be honest about what they know and do not. For example when a person is unable to remember how they were exposed to asbestos or when, it is not acceptable to make guesses or speculate. An experienced lawyer does not just call a mesothelioma victim but also experts such as asbestos and environmental specialists, life care planners and toxicologists. This can aid in the defense of the mesothelioma case of the client and increase the probability of a favorable result at trial. A verdict in the asbestos victim's favor could result in a substantial amount of compensation for medical expenses, funeral expenses and other financial losses. In some states, asbestos victims may be entitled to additional compensation for their pain and suffering.