10 Methods To Build Your Asbestos Defense Litigation Empire
Asbestos Defense Litigation
Asbestos cases require a thorough examination of the person who was injured's work history, identifying asbestos-related materials, and locating potential defendants. This can involve obtaining information from co-workers, relatives, abatement workers, and studying documents and other materials.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets and collaborate with local counsel to achieve efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos can be present in a variety of building materials, such as cement products, paints, and floor tiles. It is also present in artex, adhesives doors insulation, adhesives, and doors. It is very difficult to determine if the material is asbestos-free based on its appearance alone. The best way to identify asbestos's presence is to have a professional environmental surveyor conduct an inspection.
When asbestos fibres are airborne, they are tiny and light, meaning they can travel for long distances, even through closed windows or doors. Once they reach the lungs they can cause serious health issues. Asbestos is the most hazardous when it becomes damaged and releases deadly fibres into the air. This is why it's very important that building materials not be removed or disturbed without being properly labeled and accompanied by an inspection by a professional.
Due to the long time between exposure to asbestos and the development of disease, it is very difficult to obtain a meaningful evidence in an asbestos lawsuit. There are also serious concerns regarding the admissibility and testimony of expert witnesses and the causal link between exposure to asbestos and disease.
In these situations asbestos defense lawyers typically argue for summary judgement based on an absence of a factual foundation. Imagine, for example, that plaintiff Paul was involved in an accident involving multiple vehicles in New York City. He does not know the date, place of the vehicles involved or any other information that could be used to support a conclusion that defendant David was liable for his injuries.
A New York mesothelioma attorney with experience in this area should be consulted. They will look over the facts of the case, along with any expert reports or other documents, to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms throughout the country can help their clients file their claims in the best jurisdiction. This could be the State of New York or a federal court in New York City.
Asbestos Disease Identification
Although asbestos is not being extracted or processed in the United States, it still is present in many buildings and products that were manufactured prior to 1989. These products can release fibers into the air when they deteriorate. They can be inhaled. These fibers can cause various lung ailments.
Lung diseases that result from asbestos exposure include mesothelioma, asbestosis and pleural disease. Inhaling these fibers can cause many symptoms, such as chest pain, fatigue and a shortness of breath. These symptoms may not manifest until years after a person is exposed to asbestos.
All forms of asbestos including chrysotile can cause cancer in humans. Exposure to asbestos causes lung cancers and larynx, as well as ovaries. It can also trigger a form of mesothelioma that develops in the interior of body cavities, such as those found in the stomach, heart and tests. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other conditions like rheumatoid arthritis and sarcoidosis.
Those who have worked with asbestos or have been exposed to significant environmental elements are at greatest risk of developing asbestos-related diseases. This includes boilermakers, construction workers and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. These people may experience chest pain, coughing and breathing difficulties.
A doctor can tell if a patient has an asbestos-related condition by reviewing a person's medical history, work and family histories. X-rays, CT scans and other tests can aid doctors in confirming an asbestos-related diagnosis. Patients who are diagnosed with asbestosis should be yearly tested for lung function test to track the condition. This test can help detect asbestosis progression and identify other health problems that may be connected to the condition. Patients with this condition should also receive regular vaccinations to prevent the onset of other respiratory ailments, such as psoriasis. The EPA has a TSCA Hotline as well as an Asbestos Ombudsman who can provide more information and assistance.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was extensively used in the construction and industry due to its strength and fire retardant as well as corrosion resistance properties. Asbestos particles inhalation can cause a variety medical problems that include mesothelioma which is lung cancer, other organs, and neurological dysfunctions. These diseases can take up to 30 years or more to appear.
In many asbestos cases, there are multiple defendants and complex discovery. This can be a challenge when the asbestos products involved in a case can't be identified. The ability to identify each item in an asbestos case requires the assistance of forensic experts and the use of a wide variety of investigative tools and methods such as interviews with former coworkers and other witnesses and subpoenaing work orders, invoices, delivery documents and other documents from employers, and obtaining samples from workplaces and at home. It is also essential to determine the kind of asbestos, if it's amosite, crysotile or crocidolite.
We have extensive experience in defending asbestos-related companies which includes product manufacturers, distributors, suppliers, and contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for a variety of clients in asbestos litigation. We have represented clients across the country. We are also Defense Liaison Counsel for a number of the asbestos dockets in the states, which is where we oversee regional and local counsel to ensure uniform and cost-effective defense strategies as well as results.
Our national approach in managing asbestos defense has proven effective. In multiple instances it has cut legal costs by millions of dollars when contrasted to the amount that corporations pay to other firms. Courts across the country have recognized this unique and aggressive approach in handling asbestos cases.
We also have defended mass toxic tort suits brought against the producers of pharmaceutical, industrial and petrochemical chemicals. These lawsuits are based on claims that exposure to these chemicals has caused diseases such as restrictive and obstructive lung conditions as well as occupational asthma, cancers of different types and other neurological disorders.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are vital due to the fact that many signs of exposure to asbestos can be confused with other conditions like emphysema and other types of lung cancer. It is important for attorneys to have access to experts in these fields who can help distinguish the various diseases and to show the causes of each disease by different types of exposure.
Medical records of asbestos victims are often the best source for this evidence. X-rays are available and can be accessed through CT scans and biopsies. To make the most of the information available, medical professionals are required to sort through the information and offer their opinions on probabilities, causes, and other issues.
Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens if not hundreds of cases. This credibility increases the credibility of these experts to the jury. Additionally, the experience of these doctors in preparing for testimony is that they know how to anticipate questions from the defense and know how to present information to the court.
It is essential that both scientists and medical experts present their opinions on the various causes of asbestos disease. It is not enough to show that the patient has mesothelioma; it must be proven that the asbestos defendant exposed the plaintiff to the carcinogen and how smoking aggravated the risk of mesothelioma.
Expert witness fees can make up a significant portion of the expenses that are associated with asbestos cases. Therefore, Kansas City asbestos lawyers is crucial that the defense attorney is adept at identifying and hire the best expert witness for a particular case.
At Swartz Campbell, we counsel material suppliers, product manufacturers distributors, premises owners employers, employers and other defendants in asbestos cases in state and federal courts across the country. Our team of knowledgeable and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today for more information on how our firm can assist you.