10 Ways To Build Your Asbestos Defense Litigation Empire

Asbestos Defense Litigation

Asbestos cases must be thoroughly examined. This includes identifying asbestos-related products and locating potential defendants. This can involve obtaining information from co-workers, relatives or abatement workers and analyzing records and materials.

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 can be present in a variety of building materials, such as cement products, paints and floor tiles. It is also present in adhesives, artex, doors insulation, adhesives, and doors. It can be very difficult to determine if the material is asbestos-free based on its appearance alone. The most effective method to determine latest Asbestos litigation's presence is to have a professional environmental surveyor perform an inspection.

Asbestos fibers are tiny and light, so they can travel a considerable distance, even through closed doors or windows. Once they get into the lungs, they can trigger the formation of serious health issues. Asbestos is the most hazardous when it becomes damaged and releases harmful fibers into the air. It is vital to avoid removing or destroying construction materials unless they've been properly labeled and accompanied by an inspection.

Due to the lengthy latency between exposure and disease the process of obtaining evidence-based discovery in an asbestos law & litigation action is extremely challenging. Additionally there are a number of issues related to the admissibility of the plaintiffs' experts and testimony about the causal link between asbestos exposure and diseases.

In these kinds of situations asbestos defense lawyers are often able to successfully argue for summary judgment in the lack of a factual basis. For latest asbestos litigation instance, imagine that plaintiff Paul was involved in a multi-vehicle accident in New York City. But, he doesn't have information regarding the date and location of the accident, the vehicles involved or any other details which could be used to help to determine that defendant David is liable for his injuries.

In this kind of scenario it is recommended that a skilled New York mesothelioma lawyer should be consult. They will examine all facts and documents, including expert reports to determine if a summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, latest asbestos litigation Cooney & Conway, can assist their clients through this process. Asbestos firms that practice nationwide can assist their clients in filing their claims in the most appropriate jurisdiction. This could be the State of New York, or a federal district court in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it can still be present in products and buildings manufactured before 1989. These products release fibers into the air when they deteriorate. They can be breathed in. These fibers can cause a variety of types of lung disease.

Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling asbestos fibers can trigger many symptoms, including chest pain, fatigue, and breath shortness. These symptoms may not appear for decades after an asbestos exposure.

All forms of asbestos, including chrysotile, are carcinogenic to humans. Exposure to asbestos causes lung cancer, larynx and ovaries. It can also cause a form of mesothelioma in the linings of body cavities, such as the stomach, the heart and tests. Mesothelioma is difficult to recognize because it is a latent period of time and shares many symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

The people who have been exposed to asbestos or who have been exposed to significant environmental elements are at the highest risk of developing asbestos-related diseases. These include boilermakers, construction workers and shipyard workers, railroad and U.S. Navy veterans; and those who participated in cleanup after the Sept. 11, 2001 terrorist attacks. Some of them may be suffering from chest pain, coughing and breathing problems.

A doctor can determine if a patient is suffering from an asbestos-related illness by looking at the patient's medical background, work history, and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients with asbestosis are encouraged to have a lung function test. This can help keep track of their condition. This test can identify the progress of asbestosis and identify other health issues that could be associated with this disease. Patients with asbestosis should also get regular vaccinations to avoid other respiratory illnesses like psoriasis. The EPA has a TSCA Hotline as and an asbestos Ombudsman who can provide more information and help.

Asbestos Database Development

Asbestos is one of the fibrous minerals that were often employed in industrial and construction settings because of its durable, fire retardant, and corrosion resistant properties. Asbestos particles inhalation can cause numerous medical issues such as mesothelioma, which is a cancer of the lungs and other organs, as well as neurological disorders. These diseases can take up to 30 years or more to appear.

Many asbestos cases are multi-defendant and require complex discovery that is often complicated by a failure to identify the right asbestos products in each case. The ability to identify each product in an asbestos case requires the help of forensic experts and the use of a range of investigative tools and methods such as interviews with former co-workers and other witnesses, subpoenaing work orders, invoices, and delivery documents from employers, and obtaining samples from workplaces and at home. The type of asbestosamosite, chrysotile or crocidolite -- must be identified.

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 been National Coordinating Counsel and Trial Counsel for a variety of asbestos litigation clients and has represented these companies in numerous jurisdictions across the country. We also serve as Defense Liaison Counsel for a number of these states' asbestos dockets where we manage local and regional counsel to ensure uniform and cost-effective defense strategies and outcomes.

Our national approach in managing asbestos defense has proven effective. In numerous 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 litigation defense cases has been recognized by the courts across the country.

We have also defended massive toxic tort lawsuits brought against the producers of pharmaceutical, industrial and chemical compounds that are petrochemical in nature. These lawsuits are based on claims that exposure to these chemicals has caused diseases like occupational asthma as well as restrictive and obstructive lung disorders, and a variety of neurological disorders.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are vital due to the fact that many signs of exposure to asbestos can be confused with other illnesses like emphysema and other types of lung cancer. It is vital that lawyers have access to these experts who can help differentiate the various types of diseases and demonstrate how each disease is a result of different types of exposures.

Often, the best source of this evidence is found in the medical records of asbestos victims. X-rays, CT scans and biopsy samples are usually available for examination. To make the most of this information, medical experts are needed to sift the information and offer their opinions on possible causes, probabilities and other issues.

The medical experts involved in asbestos cases are generally very well-known and have testified in dozens, or even hundreds of other cases. This credibility boosts the credibility of these experts in the eyes the jury. These doctors have a great deal of experience in preparing to testify, and therefore they know how to respond to questions from defendants and how to present their findings to the court.

In addition to medical experts in addition, it is essential to have scientists testify about the various causes of asbestos-related diseases. It is not sufficient to prove that a mesothelioma patient is in fact diagnosed. It must be shown that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.

Expert witness fees can make up an important portion of expenses associated with asbestos cases. Therefore, it is crucial that a defense attorney be able to quickly identify and hire the best expert witness for the particular case.

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