8 Tips To Increase Your Asbestos Defense Litigation Game
Asbestos Defense Litigation
Asbestos-related cases must be thoroughly studied. This includes identifying asbestos-related products and locating potential defendants. This could 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 work with local attorneys in order to create an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in hundreds of building materials, including cement products, paints floor tiles, adhesive, artex, insulation and doors to name just the most common. It is very difficult to determine whether or not an item is asbestos-free from its appearance only. A professional environmental surveyor can conduct an inspection to determine the presence of asbestos.
Asbestos fibers are tiny and light, which means they can travel a long distance, even through closed doors or windows. When they reach the lungs, they can cause serious health issues. Asbestos is the most hazardous when it's damaged and releases deadly fibres into the air. It is very important to not disturb or remove construction materials unless they've been properly labeled and supported by an inspection.
Due to the lengthy time between exposure and illness the process of obtaining evidence-based discovery in an asbestos lawsuit is extremely challenging. There are other significant issues relating to the admissibility and credibility of plaintiffs' expert witnesses and the causal link between exposure to asbestos and the development of disease.
In these cases asbestos defense lawyers often argue for summary judgment in the absence of factual basis. Consider, for instance, that plaintiff Paul was in a multi vehicle accident in New York City. massachusetts asbestos litigation is not aware of the date, place, cars involved or any other details that could be used to support a conclusion that defendant David was liable for his injuries.
In this type of situation it is recommended that a skilled New York mesothelioma lawyer should be consulted. They will analyze the details of the case as well as any expert reports or other documentation, 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 most appropriate place. This may include the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Asbestos is no longer mined in the United States. However, it is still found in buildings and products manufactured before 1989. As these products degrade they release tiny fibers into the air that are inhaled by people who are near. These fibers are known to cause a variety of lung ailments.
Lung diseases that result from asbestos exposure include mesothelioma, asbestosis and pleural disease. Those who inhale these fibers may experience a variety of symptoms such as chest pain, fatigue, and breath shortness. These symptoms might not manifest until years after a person is exposed to asbestos.
All forms of asbestos, including chrysotile are carcinogenic for humans. Exposure to asbestos causes lung cancers and larynx, as well as ovaries. It can also cause a type of mesothelioma within the linings of body cavities, such as the stomach, heart and testes. Mesothelioma is difficult to identify because it has a long period of time and has symptoms with other diseases, such as rheumatoid arthritis and sarcoidosis.
People most likely to suffer from asbestos-related diseases are those who worked directly with asbestos or were exposed to a significant amount of environmental toxins. This includes boilermakers, construction workers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who helped clean up after the terrorist attacks of September 11, 2001. They might suffer from chest pain, coughing or breathing problems.
A doctor can determine if a patient is suffering from an asbestos-related condition by examining the patient's medical background, work history and family background. X-rays and CT scans can help confirm an asbestos-related illness. Patients with asbestosis are advised to have a yearly lung function test. This test will allow them to assess their health. This test can detect asbestosis ' progression and also identify other health problems that may be related to the disease. Patients with this condition must also be vaccinated regularly to avoid the onset of other respiratory diseases like psoriasis. The EPA provides an TSCA Hotline and an Asbestos Ombudsman who can provide additional information and support.
Asbestos Database Development
Asbestos is comprised of fibrous minerals. It was extensively used for construction and industry because of its durability and fire retardant as well as corrosion resistance properties. The inhalation of asbestos particles, however, can cause a range of medical conditions, including mesothelioma (a lung cancer and other organs) and chronic lung diseases, as well as other neurological disorders. These conditions can take 30 years or more to manifest.
In many asbestos cases there are several defendants and complicated discovery. This can be difficult when the asbestos products that are involved in a particular case cannot be identified. To identify each asbestos product the need for forensic experts, as well as various investigative techniques and tools, such as interviewing former colleagues, obtaining invoices and delivery papers, and taking samples at home and at work. It is also essential to determine the type of asbestos, such as it's amosite, crysotile or crocidolite.
We have a wealth of experience defending companies involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers, and manufacturers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation, and we have defended these companies in numerous jurisdictions across the nation. We also serve as Defense Liaison Counsel for a number of the states' asbestos dockets which is where we oversee local and regional counsel to ensure consistent and cost-effective defense strategies and outcomes.
Our national strategy to manage the asbestos defense has proven effective and, in a number of instances, has reduced legal costs by millions of dollars compared to the amount companies paid when being represented by other firms. This unique and aggressive method of managing asbestos cases has been acknowledged by courts across the nation.
We have also defended mass toxic tort suits filed against manufacturers of industrial, pharmaceutical and petroleum chemical substances. These lawsuits stem from claims that exposure to these substances can cause diseases like restrictive and obstructive lung diseases and occupational asthma, as well as cancers of all kinds, and other neurological conditions.
Medical Expert Witnesses
Expert medical witnesses in asbestos cases are essential in part because the signs of exposure to asbestos can be misinterpreted as other ailments like emphysema and other types of lung carcinoma. It is crucial that attorneys have access to these experts who can help distinguish the various types of diseases and demonstrate the way each disease is a result of different types of exposures.
The most reliable source of this evidence is found in the medical records of asbestos victims. X-rays can be found as are CT scans and biopsies. However, to get the most benefit from this information, it's essential to have medical professionals who are able to analyze the data and opine about the probabilities, causation, and other issues.
Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens, perhaps hundreds, of cases. Their reputation boosts their credibility in the eyes of the jury. Furthermore, the experience of these doctors in preparing for testimonies is that they know how to anticipate questions from the defense and know how to present their findings to the judge.
It is essential that both medical and scientific experts testify on the different causes of asbestos-related diseases. It is not sufficient to prove the mesothelioma patient is in fact diagnosed. It must be proven that the asbestos victim exposed her to the carcinogen and the reason smoking increases the risk of mesothelioma.
Expert witness fees can be a substantial portion of costs that are associated with asbestos cases. This is why it is crucial for a defending attorney to be able choose and employ the most suitable expert witness for the case.
We represent material suppliers, product manufactures distributors, and property owners in asbestos cases in the federal and state courts across the country. Our team of dedicated and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us today to find out what we can do to assist you.