The Little Known Benefits Of Asbestos Defense Litigation

Asbestos Defense Litigation

Asbestos cases must be thoroughly investigated. This involves identifying asbestos-containing products and locating potential defendants. This may involve gathering information from co-workers, relatives asbestos abatement workers, as well as analysing documents and other material.

Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local attorneys to achieve an efficient, cost-effective defense strategies.

Asbestos Product Identification

Asbestos can be found in a myriad of building materials, including cement products, paints flooring tiles, adhesive artex, insulation, and doors to name some. It is extremely difficult to determine if the material is asbestos-free based on its appearance only. The best way to identify asbestos's presence is to have a professional environmental surveyor inspect the material.

When asbestos fibres become airborne, they are very tiny and light, meaning they can travel long distances even through windows or doors. Once they reach the lungs they can cause serious health problems. asbestos litigation defense is dangerous if it is damaged and releases harmful fibres into the air. It is crucial to avoid removing or destroying construction materials unless they've been properly labeled and supported by an inspection.

Due to the long latency between asbestos exposure and illness it can be very difficult to obtain meaningful evidence in an asbestos lawsuit. There are other significant issues relating to the admissibility of and testimony of expert witnesses and the causal link between exposure to asbestos and the development of disease.

In these types of cases, asbestos defense attorneys are often able to successfully argue for summary judgments based on the lack of a solid factual basis. Imagine, for example, that plaintiff Paul was in a multi vehicle accident in New York City. He doesn't know the date, location the 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 circumstance, an experienced New York mesothelioma lawyer should be in contact. They will examine all facts and documents, including any expert reports, to determine if summary judgment is the appropriate solution. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients in this process. Asbestos law firms that are nationwide can also assist their clients with filing their claims in the most advantageous jurisdiction. This may include 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 the United States, it still is present in many buildings and products that were made prior to 1989. These products release fibers into the air when they begin to degrade. They can be breathed in. These fibers can cause several kinds of lung diseases.

The lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. The people who breathe in these fibers can experience a range of symptoms such as chest discomfort, fatigue, and shortness of breath. These symptoms could not be noticed for a long time after an asbestos exposure.

All forms of asbestos, including chrysotile, are carcinogenic for humans. Exposure to asbestos can cause lung cancer, larynx and ovaries. It can also trigger a form of mesothelioma that develops in the tissues of body cavities, such as those found in the stomach, the heart and the testes. Mesothelioma isn't easy to recognize, Asbestos Defense Litigation as it has a long, latent period and a variety of symptoms that are similar with other conditions, such as rheumatoid arthritis and sarcoidosis.

People most likely to suffer asbestos-related diseases are those who worked directly with the substance or experienced significant environmental exposure. This includes boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who participated in clean-up following the Sept. 11 terrorist attacks. Some of the symptoms for these people include breathing difficulty, chest pain and coughing.

A doctor can determine whether a patient has an asbestos-related disease by reviewing a person's medical, work and family history. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients who are diagnosed with asbestosis should undergo a yearly lung function test to track the condition. This test can detect asbestosis progression and identify other health problems that may be related to the disease. Patients with asbestosis should also receive regular vaccines to prevent other respiratory illnesses like psoriasis. The EPA provides a TSCA Hotline and an asbestos litigation paralegal Ombudsman that can provide additional information and support.

Asbestos Database Development

Asbestos is one of the fibrous minerals that was extensively employed in industrial and construction settings due to its tough, fire retardant, and Asbestos Defense Litigation corrosion-resistant properties. Inhaling asbestos particles can cause a variety of medical issues, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and other neurological disorders. These diseases can manifest 30 years or longer.

Many asbestos cases are multi-defendant, and involve complex discovery, which is often complicated because of a failure to identify the proper asbestos products involved in each case. To determine the asbestos products involved, forensic experts are needed in addition to various investigative methods and tools like interviewing former colleagues, obtaining invoices and delivery documents, and taking samples at home and at work. The type of asbestosamosite, chrysotile or crocidolite -- should be identified as well.

We have a wealth of experience defending companies involved in the asbestos industry. This includes product manufacturers, distributors and suppliers as well as contractors. Our team has served as National Coordinating Counsel, Trial Counsel and Defense Counsel for many asbestos litigation clients. We have represented clients in multiple jurisdictions across the United States. We also serve as Defense liaison counsel for various asbestos dockets in these states, where we manage the regional and local attorneys to ensure consistent and effective defense strategies as well as outcomes.

Our national approach to managing the asbestos defense has proved to be effective and, in a number of instances, has reduced legal spend by millions of dollars in comparison to the amount companies were paying when they were being represented by other firms. Courts across the country have recognized this unique and aggressive method of handling asbestos cases.

We are also experienced in defense of mass toxic tort suits brought against manufacturers of pharmaceutical and industrial chemicals and petroleum chemicals. These lawsuits stem from assertions that exposure to these chemicals has caused illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological conditions.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are essential in part because the signs of asbestos exposure may be confused with other conditions like emphysema, among others of lung carcinoma. It is essential for attorneys to have access to experts in these fields to aid in identifying different diseases and to show how each disease is caused by different types of exposures.

Often, the best evidence for this is in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are often available to review. To make the most of this information, medical experts are required to sort through the information and offer their opinion on the probable causes, probabilities, and other issues.

The medical experts involved in asbestos cases are generally very well-known and have been a witness in dozens or even hundreds of other cases. Their reputation boosts their credibility in the eyes of jurors. Additionally, the experience of these doctors in preparing for testimonies is that they know how to anticipate questions from the defense and know how to provide evidence to the judge.

It is essential that both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that the victim has mesothelioma. It must be proven that the asbestos victim exposed her to carcinogens, and why smoking increases the risk of mesothelioma.

Expert witness fees can constitute an important portion of costs in asbestos litigation meaning cases. Therefore, it is crucial that a defense attorney be able to quickly identify and choose the best expert witness for any given case.

At Swartz Campbell, we counsel material manufacturers, suppliers premises owners, distributors, employers and other defendants in asbestos cases in federal and state courts across the nation. Our team of dedicated and experienced attorneys are well-versed both defensively and offensively in asbestos litigation. Contact us today to learn what is asbestos litigation we can do to assist you.