What Is Asbestos Defense Litigation And How To Use It

Asbestos Defense Litigation

Asbestos cases require careful investigation of the victim's work history, identifying asbestos products, and locating potential defendants. This can include obtaining information from coworkers, family members, abatement workers, and reviewing the records.

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

Asbestos Product Identification

Asbestos can be present in a variety of building materials, including cement products, paints, and floor tiles. It is also found in adhesives, artex, doors, insulation, and adhesives. It is difficult to determine whether a product contains or is not made of asbestos based on its appearance. A certified environmental surveyor can conduct an inspection to determine the presence of asbestos.

When asbestos fibres are airborne, they are very small and light - meaning they can travel long distances even through closed windows or doors. When they reach the lungs, they can cause serious health issues. Asbestos is dangerous if it is damaged and releases deadly fibres in the air. It is very important to not disturb or remove building materials unless they have been properly labelled and accompanied by an inspection.

Due to the lengthy time between exposure and illness, obtaining meaningful discovery in an asbestos lawsuit is extremely challenging. There are also significant issues relating to the admissibility and credibility of expert witnesses for plaintiffs and the causal connection between exposure to asbestos and the development of disease.

In these types of situations asbestos defense lawyers are often able to successfully argue for summary judgment in the absence of a factual foundation. For instance, imagine that plaintiff Paul was involved in a multi-vehicle collision in New York City. He doesn't know the date, location of the vehicles involved or any other details that could lead to the conclusion that defendant David was liable for his injuries.

In this kind of scenario in this type of situation, a seasoned New York mesothelioma lawyer should be in contact. They will analyze the facts of the case, as well as any expert reports or other documents, to determine whether or not summary judgment is an appropriate remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this procedure. Asbestos law firms throughout the country can help their clients file their claims in the most appropriate place. This could be the State of New York, or a federal district court located in New York City.

Asbestos Disease Identification

Asbestos is not mined anymore in the United States. However, it can still be found in buildings and products made prior to 1989. When these products deteriorate they release tiny fibers into the air that are inhaled by people who are near. These fibers have been known to cause various lung illnesses.

Lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. People who breathe in asbestos fibers may experience a variety of symptoms like chest pain, fatigue, and shortness of breath. These symptoms could not be noticed for decades after an asbestos exposure.

All forms of asbestos, including chrysotile, can cause cancer in humans. Asbestos exposure can cause cancers of the larynx, lungs and ovaries. It can also trigger a form of mesothelioma that develops in the linings of body cavities, like those found in the stomach, heart and tests. Mesothelioma is difficult to identify because it has a latent period of time and shares many symptoms with other conditions such as rheumatoid joint arthritis and sarcoidosis.

People who are most likely to develop asbestos-related diseases are those who worked directly with the substance or had exposure to significant environmental hazards. This includes boilermakers, construction workers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who helped clean up after the terrorist attacks of September 11, 2001. Some of the symptoms for these people include breathing difficulty, chest pain and coughing.

A doctor can determine whether a patient suffers from an asbestos-related condition by reviewing the person's medical history, work history and background of family members. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients who are diagnosed with asbestosis should have a yearly lung function test to track the condition. This test can detect asbestosis ' progression and also identify other health problems that may be associated with the disease. Asbestosis sufferers should get regular vaccinations to avoid other respiratory diseases such as psoriasis. The EPA offers a TSCA Hotline as well as an Asbestos Ombudsman who can provide additional information and help.

Asbestos Database Development

Asbestos is composed of fibrous minerals. It was widely used for construction and industry due to its strength and fire retardant as well as corrosion resistance properties. Asbestos particles inhalation can cause various health issues such as mesothelioma, which is lung cancer, other organs, and neurological disorders. These diseases can take up to 30 years or more to be diagnosed.

Many asbestos cases are multi-defendant and require complex discovery that is often complicated because of a failure to identify the right asbestos products in every case. To identify each asbestos product the need for forensic experts in addition to various investigative methods and tools that include interviewing former co-workers, obtaining invoices and delivery papers, and taking samples at home and at work. It is also essential to determine the type of asbestos, such as it's amosite or crysotile, or crocidolite.

We have a wealth of experience protecting companies in the asbestos industry.  Bellingham asbestos attorney  includes manufacturers of products distributors, suppliers and manufacturers as well as contractors. Our team has been National Coordinating Counsel and Trial Counsel for a variety of clients in asbestos litigation and has represented these companies in multiple jurisdictions across the country. We are also Defense Liaison Counsel for several of these asbestos dockets in the states, where we manage regional and local counsel to ensure uniform and cost-effective defense strategies as well as results.

Our national strategy to manage the asbestos defense has been proved to be effective and, in numerous instances, has decreased legal expenses by millions of dollars when compared to what companies paid when they were being represented by other firms. The courts across the country have recognized our unique and aggressive method of managing asbestos cases.

We also have experience defense of mass toxic tort lawsuits filed against manufacturers of pharmaceutical and industrial chemicals and petrochemicals. These lawsuits are based on the claim that exposure to these substances can cause diseases like restrictive and obstructive lung diseases, occupational asthma, cancers of all kinds, and other neurological conditions.

Medical Expert Witnesses

Medical expert witnesses in asbestos cases are vital, mainly because many symptoms of asbestos exposure can be confused with other conditions like emphysema, among others of lung carcinoma. It is important for attorneys to have access to experts in these fields who can assist in identifying the various types of diseases and to show how each illness is caused by different types of exposure.

Medical records of asbestos-related victims are typically the best source for this evidence. X-rays can be found, as well as CT scans and biopsies. However, to get the most benefit from this information, it is necessary to have medical experts who are able to analyze the information and make a decision on the probabilities, causation, and other issues.

Medical experts who are called to testify in asbestos cases have a great reputation and have been involved in dozens perhaps hundreds, of cases. This credibility increases the credibility of these experts to the jury. Additionally, the knowledge and experience of these doctors in preparing for testimony is that they know how to anticipate questions from the defense and know how to present their findings to the judge.

In addition to medical experts, it is also necessary to have experts from the scientific community be able to testify on the causes of asbestos-related diseases. It is not enough to show that the patient has mesothelioma; it must be demonstrated how asbestos exposure exposed the plaintiff to the carcinogen and why smoking increased the risk of mesothelioma.

Expert witness fees can be a significant portion of the costs associated with asbestos cases. This is why it is crucial for a defending attorney to be able to efficiently choose and employ the most suitable expert witness for a given case.

We represent material suppliers, product manufactures distributors, and property owners in asbestos cases in the federal and state courts across the country. Our team of committed and experienced lawyers are proficient both offensively and defensively in asbestos litigation. Contact us today to learn what we can do to help you.