A The Complete Guide To Asbestos Defense Litigation From Beginning To End
Asbestos Defense Litigation
Asbestos cases require diligent examination of the person who was injured's work history, identifying asbestos products and finding potential defendants. This may involve collecting information from family members, coworkers, members, abatement workers, and studying the records.
Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and work with local attorneys to develop the same, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, including cement products, paints, and floor tiles. It can also be found in adhesives, artex, doors insulation, adhesives, and doors. It can be very difficult to determine if a material contains asbestos from its appearance by itself. The best way to identify asbestos' presence is to have an experienced environmental surveyor perform an inspection.
When asbestos fibres become airborne, they are very small and light - meaning they can travel for long distances, even through closed doors or windows. Once they reach the lungs, they can cause the development of serious health conditions. Asbestos becomes dangerous when it is damaged and releases deadly fibres in the air. This is why it's important that building materials don't be removed or disturbed unless they are properly labeled and accompanied by an inspection by a professional.
Due to the long time between exposure and disease finding meaningful evidence in an asbestos lawsuit is extremely challenging. There are also serious concerns regarding the admissibility and testimony of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and the development of disease.
In these cases, asbestos defense lawyers can often argue for summary judgement based on the lack of a factual basis. Consider, for instance, that plaintiff Paul was involved in a multi vehicle accident in New York City. He doesn't know the date, time the cars involved, or any other details that could be used to support a conclusion that defendant David was responsible for his injuries.
In this type of circumstance, an experienced New York mesothelioma lawyer should be consult. They will examine all facts and documents, including expert reports, to determine if summary judgment is the appropriate solution. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy are able to assist their clients in this procedure. Asbestos law firms across the country can assist their clients file their claims in the best jurisdiction. This could be the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Although asbestos is no longer mined or processed in United States, it still is present in many buildings and products that were made prior to 1989. These products release fibers into the atmosphere when they begin to degrade. They can be breathed in. These fibers have been known to cause various lung diseases.
Lung diseases related to asbestos exposure include the pleural diseases (pleural plaques, thickening, and effusions) asbestosis, mesothelioma, and asbestosis. People who breathe in asbestos fibers may experience a variety of symptoms like chest pain, fatigue, and shortness of breath. These symptoms may not appear for many years after asbestos exposure.
All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos causes cancers of the lung, larynx and ovaries. It can also trigger mesothelioma, a type of cancer that develops in the linings of body cavities, including those in the stomach, the heart and the testes. Mesothelioma can be difficult to identify, as it has a lengthy latent period and has many symptoms that are comparable with other conditions, such as sarcoidosis and rheumatoid arthritis.
People who are most likely to suffer from asbestos-related diseases are those who worked directly with asbestos or had exposure to significant environmental hazards. These include boilermakers, construction workers, shipyard workers; railroad and U.S. Navy veterans; and those who participated in cleaning up after the September. 11 terrorist attacks. Some of the symptoms for these people include breathing difficulty as well as chest pain and coughing.
A doctor can determine if an individual suffers from an asbestos-related condition by reviewing the medical, work and family history. X-rays and CT scans can help confirm an asbestos-related condition. Patients who are diagnosed with asbestosis should be yearly tested for pulmonary function test to monitor the condition. This test can detect the progression of asbestosis and identify other health issues that could be a result of this disease. Patients suffering from this condition should also get regular vaccinations to prevent the onset of other respiratory illnesses like psoriasis. The EPA provides an TSCA Hotline and an asbestos Ombudsman who can provide additional information and support.
Asbestos Database Development
Asbestos is made up of fibrous minerals. It was extensively used in the construction and industry because of its durability, fire retardant and corrosion resistance properties. Asbestos particles inhalation can cause various health issues that include mesothelioma which is lung cancer, other organs, and neurological dysfunctions. These illnesses can be seen for 30 years or longer.
Many asbestos cases are multi-defendant and involve complex discovery that is often complicated by a failure to identify the right asbestos products in every case. The ability to determine the exact type of asbestos in an asbestos case requires the assistance of forensic experts as well as the use of a wide variety of investigative tools and methods like interviews with former colleagues and other witnesses as well as subpoenaing work order invoices, delivery documents and other documents from employers, and collecting samples from both workplaces and homes. It is also essential to determine the kind of asbestos, if it's amosite, crysotile, or crocidolite.
We have a wealth of experience defense of companies that are involved in the asbestos industry. This includes companies that manufacture products distributors, suppliers and manufacturers as well as contractors. Our team has been National Coordinating Counsel and Trial Counsel for numerous asbestos litigation clients and has represented the companies in a variety of jurisdictions across the nation. We also serve as defense liaison counsel for a variety of asbestos dockets in these states, which we manage regional and local attorneys to ensure uniform and effective defense strategies as well as outcomes.
Our national approach in managing asbestos defense has proven to be effective. In multiple instances, it has reduced legal costs by millions of dollars when compared to the amount companies pay to other companies. This unique and aggressive method of managing asbestos cases has been praised by courts across the nation.
Charleston asbestos lawyer have also defended massive toxic tort suits brought against manufacturers of pharmaceutical, industrial and petrochemical chemicals. These lawsuits are based on the claim that exposure to these chemicals can cause diseases like restrictive and obstructive lung disorders, occupational asthma, cancers of all kinds, and other neurological conditions.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are vital due to the fact that many signs of asbestos exposure can be confused with other conditions like emphysema and other types of lung carcinoma. It is vital that lawyers have access to these experts who can help distinguish the different diseases and show how each illness is the result of different types exposures.
The most reliable evidence for this is in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are typically available to examination. To get the most value out of the information available, medical professionals are needed to sift the data and offer their views on probable causes, probabilities, and other issues.
The medical experts involved in asbestos cases are usually very well-known and have testified in dozens, or even hundreds of other cases. This credibility increases their credibility before the jury. They have a lot of experience in preparing to testify, and therefore they know how to answer questions from defendants and how to present the information to the judge.
It is essential that both scientists and medical experts testify on the different causes of asbestos disease. It is not enough to show that the victim suffers from mesothelioma. It must be proven that asbestos exposure exposed the plaintiff to carcinogens and the reason smoking increased the risk of mesothelioma.
Expert witness fees can account for much of the total costs of an asbestos case. This is why it is crucial for the attorney representing the client to be able to effectively find and select the best expert witness for a particular case.
We represent material suppliers, product manufactures distributors, premises owners and material suppliers in asbestos cases before the federal and state courts across the country. Our team of highly experienced and dedicated attorneys is well-versed in asbestos litigation, both offensively and defensively. Contact us today to find out what we can do to assist you.