10 Asbestos Defense Litigation Tricks Experts Recommend

asbestos attorney Defense Litigation

Asbestos cases require a thorough investigation of the victim's work background, identifying asbestos attorney-related products and locating potential defendants. This can involve obtaining information from relatives, coworkers or abatement workers and analyzing records and materials.

Cetrulo LLP has served as the national and regional Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local counsel to develop consistent, cost-effective defense strategies.

Asbestos Product Identification

Asbestos is found in hundreds of building materials, including cement products, paints floor tiles, adhesives, artex, insulation and doors to name a few. It is extremely difficult to determine if a material contains asbestos from its appearance only. The best way to identify asbestos' presence is to have a certified environmental surveyor conduct an inspection.

When asbestos fibres are airborne, they are very small and light, which means they can travel long distances, even through closed windows or doors. Once they reach the lungs they can cause the formation of serious health issues. Asbestos can be dangerous when it is damaged and releases harmful fibres into the air. It is vital to not remove or disturb construction materials unless they've been properly labelled and accompanied by an inspection.

Due to the lengthy latency between asbestos exposure and illness It is extremely difficult to obtain a meaningful evidence in an Asbestos Lawsuit (Arcdog.Com). In addition, there are significant concerns regarding the admissibility of experts from plaintiffs and testimony about the causal connection between asbestos exposure and diseases.

In these kinds of situations asbestos defense lawyers are often able to successfully argue for summary judgment due to the lack of a factual basis. For instance, imagine that plaintiff Paul was involved in a multi vehicle accident in New York City. He does not know the date, time the cars involved, or any other details that could support a conclusion that defendant David was responsible for his injuries.

A New York mesothelioma attorney with experience in this field should be consulted. They will review all the facts and documents, including expert reports, to determine if summary judgment is the right remedy. New York mesothelioma law firms like Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can assist their clients with this process. Asbestos firms that practice nationwide can assist their clients in filing their claims in the most appropriate 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 products and buildings that were manufactured prior to 1989. These products can release fibers into the atmosphere when they deteriorate. They can be breathed in. These fibers can cause several types of lung diseases.

Lung diseases caused by asbestos lawsuits exposure include mesothelioma and asbestosis and pleural disease. The people who breathe in these fibers may experience a variety of symptoms such as chest discomfort, fatigue, and shortness of breath. These symptoms could not be apparent until years after a person is exposed to asbestos.

All forms of asbestos lawsuits, including chrysotile are carcinogenic to humans. Exposure to asbestos can cause lung cancer and larynx, as well as ovaries. It can also cause mesothelioma, a type of cancer that develops in the interior of body cavities, including those found in the stomach, heart and testes. Mesothelioma can be difficult to identify, as it has a long, latent period and has many symptoms that are comparable with other diseases, like sarcoidosis and rheumatoid arthritis.

Those who have worked with asbestos or have been exposed to significant environmental factors are at the highest risk of developing asbestos-related diseases. This includes construction workers, boilermakers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who assisted in cleaning up after the terrorist attacks of September 11, 2001. Some of them might suffer from chest pain, coughing, and breathing difficulties.

A doctor can determine if an individual suffers from an asbestos-related disease by reviewing the patient's medical, work and family history. X-rays and CT scans can identify the presence of asbestos-related conditions. Patients diagnosed with asbestosis must have a yearly lung function test to check the condition. This test can detect the progress of asbestosis and detect other health issues that can be related to this condition. Patients suffering from this condition should also get regular vaccinations to prevent the development of other respiratory ailments, such as psoriasis. The EPA offers 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 widely used for construction and industry because of its durability and fire retardant as well as corrosion resistance properties. Inhaling asbestos particles can lead to a variety of medical conditions, including mesothelioma (a cancer of the lungs and other organs) and chronic lung diseases, and neurological disorders. These illnesses may take 30 years or more to manifest.

Many asbestos cases are multi-defendant and involve complex discovery, which is often complicated due to a lack of identification of the correct asbestos products involved in every case. To determine the asbestos attorneys products involved, forensic experts are needed, as well as various investigative tools and methods that include interviewing former colleagues, obtaining invoices and delivery papers, and taking samples at home and work. The type of asbestos -amosite, chrysotile or crocidolite -- should be identified as well.

We have a vast amount of experience protecting companies in the asbestos industry. This includes companies that manufacture products, distributors and suppliers as well as contractors. Our team has served as National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation and has represented these companies in numerous jurisdictions across the country. We also serve as Defense Liaison Counsel for several of the states' asbestos dockets, which we manage local and regional counsel to ensure consistency and cost-effective defense strategies and outcomes.

Our national strategy to manage the asbestos defense has been proved to be effective and, in multiple instances, has decreased legal costs by millions of dollars in comparison to the amount companies paid when being represented by other firms. This unique and abrasive approach to managing asbestos cases has been recognized by courts throughout the country.

We also have defended mass toxic tort lawsuits brought against the producers of industrial, pharmaceutical and petrochemical chemicals. These lawsuits are based upon assertions that exposure to these chemicals can cause illnesses such as occupational asthma, restrictive and obstructive pulmonary disorders, and other neurological disorders.

Medical Expert Witnesses

Expert witnesses from medical experts are crucial in asbestos cases, principally because many of the symptoms of exposure to asbestos are easily confused with other conditions such as emphysema or other forms of lung cancer. It is essential that lawyers have access to these experts who can help differentiate the various types of diseases and demonstrate how each illness is the result of 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 for review. To get the most value out of this information, medical experts must sort through the information and offer their views on possible 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. This reputation increases their credibility in the eyes of jurors. These doctors have a great deal of experience in preparing themselves to be witnesses, and they know how best to answer questions from the defendants and how to present their findings to the court.

In addition to medical experts in addition, it is essential to have experts from the scientific community be able to testify on the causes of asbestos-related illnesses. It is not enough to show that the patient has mesothelioma. It has to be shown how asbestos exposure exposed the plaintiff to the carcinogen and the reason smoking increased the risk of mesothelioma.

Expert witness fees can account for a large portion of the overall costs associated with asbestos cases. It is therefore crucial that a defense attorney is able to quickly identify and hire the best expert witness for a particular 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 committed and experienced lawyers are proficient both defensively and offensively in asbestos litigation. Contact us today to learn how we can help you.