10 Healthy Asbestos Defense Litigation Habits

Asbestos Defense Litigation

Asbestos cases need to be thoroughly investigated. This includes identifying asbestos products and finding potential defendants. This can involve obtaining information from relatives, coworkers or abatement workers and analyzing records and materials.

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

Asbestos Product Identification

Asbestos can be found in a myriad of building materials, including cement products, paints floor tiles, adhesives artex, insulation, and doors to name a few. It is very difficult to determine if the material is asbestos-free based on its appearance only. The best method to detect asbestos's presence is to have a certified environmental surveyor conduct an inspection.

When asbestos fibres are airborne, they are very small and light - meaning they can travel for long distances even through closed windows or doors. When they get into the lungs, they can lead to the formation of serious health issues. Asbestos is the most hazardous when it's damaged and releases harmful fibers into the air. This is why it's very important that building materials don't be disturbed or removed without being properly labeled and supported by a professional inspection.

Due to the long latency between asbestos law & litigation exposure and disease, it is very difficult to obtain relevant evidence in an asbestos lawsuit. In addition there are significant issues related to the admissibility of experts from plaintiffs and testimony on the causal link between asbestos exposure and the onset of disease.

In these types of cases, asbestos defense attorneys are often able to argue for summary judgment based on the lack of a factual basis. For instance, imagine that plaintiff Paul was involved in a multi vehicle accident in New York City. But, he doesn't have details about the date or location of the accident, the vehicles involved, or any other facts which could be used to help to determine that defendant David is responsible for his injuries.

A New York mesothelioma attorney with expertise in this field should be consulted. They will analyze the details of the case along with any expert reports and other documentation, to determine whether or not summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, asbestos defense Litigation Cooney & Conway, can aid their clients in this process. Asbestos law firms throughout the country can assist their clients to file their claims in the best jurisdiction. This could include the State of New York or a federal court 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 manufactured prior to 1989. These products release fibers into the atmosphere when they begin to degrade. They can be breathed in. These fibers can trigger a variety of kinds of lung diseases.

Lung diseases that result from latest asbestos litigation exposure include mesothelioma, asbestosis and pleural disease. Inhaling asbestos fibers can trigger many symptoms, including chest pain, fatigue, and a shortness of breath. These symptoms might not manifest for decades after an asbestos exposure.

All forms of asbestos, including chrysotile, can cause cancer in humans. Asbestos exposure can lead to cancers of the larynx, lungs and the ovaries. It can also cause a form of mesothelioma within the linings of body cavities such as the heart, stomach and testes. Mesothelioma is difficult to diagnose because it has a long period of time and has symptoms with other conditions like rheumatoid arthritis and sarcoidosis.

People most likely to suffer asbestos-related illnesses are those who worked directly with the material or were exposed to a significant amount of environmental toxins. This includes construction workers, boilermakers and shipyard workers; railroad workers and U.S. Navy veterans; and those who assisted with clean-up after the September. 11 terrorist attacks. Some of the symptoms of those who suffer from this condition include difficulty breathing as well as chest pain and coughing.

A doctor can tell if an individual suffers from an asbestos-related condition by reviewing the medical history, work and family histories. X-rays and CT scans can help confirm the presence of asbestos-related conditions. Patients with asbestosis are advised to have a yearly lung function test. This will help monitor their condition. This test can detect the progress of asbestosis as well as determine other health issues that can be a result of this disease. Patients suffering from this condition must also be vaccinated regularly to prevent the onset of other respiratory illnesses, such as psoriasis. The EPA offers a TSCA Hotline as and an asbestos Ombudsman who can provide more information and help.

asbestos exposure litigation Database Development

Asbestos is one of the fibrous minerals that was once widely used in construction and industrial settings due to its tough as well as fire-proof and corrosion resistant properties. Asbestos particles inhalation can cause a variety medical problems that include mesothelioma which is a cancer of the lungs as well as other organs, and neurological disorders. These diseases can manifest in 30 years or more.

In many asbestos cases there are multiple defendants and complex discovery. This can be a challenge when the asbestos-related products involved in a case cannot be identified. To identify each asbestos product, forensic experts are needed, as well as a variety of investigative tools and methods that include interviewing former coworkers, collecting invoices and delivery documents and taking samples at home and work. It is also important to determine the kind of asbestos, if it's amosite, crysotile, or crocidolite.

We have extensive experience defending asbestos-related companies which includes distributors, manufacturers suppliers, contractors, 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 companies across the United States. We also serve as Defense Liaison Counsel to several of these states' asbestos dockets, where we manage local and regional counsel to ensure consistency and cost-effective defense strategies and outcomes.

Our national strategy for managing asbestos defense has been successful and, in multiple instances, has decreased legal costs by millions of dollars when compared to what companies paid when they were being represented by other firms. This unique and aggressive method of managing asbestos cases has been recognized by courts throughout the country.

We have also defended massive toxic tort suits brought against manufacturers of industrial, pharmaceutical and petrochemical chemicals. These lawsuits are based on the claim that exposure to these chemicals has caused diseases such as restrictive and obstructive lung disorders as well as occupational asthma, cancers of different types and other neurological disorders.

Medical Expert Witnesses

Expert medical witnesses in asbestos cases are crucial due to the fact that many signs of asbestos exposure may 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 differentiate the various diseases and explain how each disease is a result of different types exposures.

Often, the best source of this evidence is in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are often available for review. To get the most value out of these data, medical experts must sort through the information and offer their opinions on possible causes, probabilities and other issues.

Medical experts who testify in asbestos cases have a great reputation and have been involved in dozens, or even hundreds of cases. This credibility boosts the credibility of these experts in the eyes the jury. They have a lot of experience in preparing to be witnesses, and they know how best to respond to questions from defendants and how to present the information to the judge.

In addition to medical experts in addition, it is essential to have scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that the mesothelioma sufferer is a victim. It is necessary to prove that the asbestos defendant exposed her to carcinogens and how smoking can increase the risk of mesothelioma.

Expert witness fees can be a substantial portion of expenses in asbestos cases. This is the reason it is essential for a lawyer who is defending the case to be able to effectively find and select the best expert witness for a given case.

At Swartz Campbell, we counsel material manufacturers, suppliers, distributors, premises owners employers, employers and other defendants in asbestos cases in both state and federal courts across the country. Our team of experienced and dedicated lawyers is knowledgeable in asbestos litigation, both offensively and defensively. Contact us to find out what we can do to help you.