What Is The Reason Asbestos Defense Litigation Is The Right Choice For You?
Asbestos Defense Litigation
Asbestos-related cases must be thoroughly examined. This involves identifying asbestos-containing products and finding potential defendants. This could include collecting information from relatives, coworkers members, abatement workers and studying the records.
Cetrulo LLP served as national and Regional Defense Liaison Counsel for asbestos litigation dockets. We manage these dockets, and work with local attorneys to develop an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is found in a variety of building materials, such as cement products, paints, and floor tiles. It is also found in adhesives, artex, doors insulation, and adhesives. It can be very difficult to determine if an item is asbestos-free from its appearance only. The best way to identify asbestos' presence is to have a certified environmental surveyor perform an inspection.
Asbestos fibres are thin and light, which means they can travel a considerable distance even through closed doors and windows. Once they reach the lungs they could cause serious health issues. Asbestos is most dangerous when it's damaged and releases harmful fibres into the air. This is why it's very important that building materials not be tampered with or removed unless they are properly labeled and supported by a professional inspection.
Due to the lengthy latency between exposure to asbestos and the development of disease it can be very difficult to obtain meaningful discovery in an asbestos action. There are also significant issues regarding the admissibility and credibility of plaintiffs' expert witnesses and the causal connection between exposure to asbestos and disease.
In these instances asbestos defense lawyers often argue for summary judgment based on an absence of factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. However, he does not have information regarding the date and location of the accident, the vehicles involved, or any other facts that could support the conclusion that defendant David is liable for his injuries.
A New York mesothelioma attorney with experience in this area is recommended. They will review all the facts and documents, including any expert reports, to determine if summary judgment is the right remedy. New York mesothelioma lawyers such as Weitz & Luxenberg and Simmons Hanly Conroy, Cooney & Conway, can aid their clients in this process. Asbestos law firms located across the country can help their clients submit their claims to the most appropriate place. This may include the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Asbestos is no longer mined in the United States. However, it is still present in products and buildings 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 types of lung diseases.
Lung diseases caused by asbestos exposure include mesothelioma, asbestosis and pleural disease. People who breathe in asbestos fibers can experience a range of symptoms such as chest pain, fatigue, and breath shortness. These symptoms could not manifest until years after a person is exposed to asbestos.
All forms of asbestos including chrysotile are carcinogenic for humans. Exposure to asbestos can cause cancers of the lung larynx, ovaries and larynx. It can also cause a form of mesothelioma that develops in the linings of body cavities, like those in the stomach, the heart and the testes. Mesothelioma isn't easy to recognize, as it has a lengthy latent period and many similar symptoms with other conditions such as rheumatoid arthritis and sarcoidosis.
People most likely to develop asbestos-related illnesses are those who worked directly with the substance or experienced significant environmental exposure. This includes construction workers, boilermakers, and shipyard workers. Included are railroad workers and U.S. Navy vets and those who worked to clean up after the terrorist attacks of September 11, 2001. Some of the symptoms of those who suffer from this condition include difficulty breathing, chest pain and coughing.
A doctor can determine whether an individual suffers from an asbestos-related condition by reviewing the patient's medical, work and family history. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients with asbestosis are advised to have a lung function test. This will help keep track of their condition. The test can identify asbestosis's progress and reveal other health issues that could be associated with the disease. Patients suffering from asbestosis should get regular vaccinations to avoid other respiratory diseases like psoriasis. The EPA offers an TSCA Hotline and an Asbestos Ombudsman that can provide additional information and support.
Brownsville asbestos lawyer is made up of fibrous minerals. It was widely employed in industry and construction due to its durability as well as its fire-repellant and corrosion resistance properties. Inhaling asbestos particles can cause various health issues such as mesothelioma, which is a cancer of the lungs and other organs, as well as neurological dysfunctions. These diseases can take 30 years or longer to appear.
In many asbestos cases there are multiple defendants and complex discovery. This is often complicated when the asbestos materials involved in a case can't be identified. To identify each asbestos product the need for forensic experts, as well as a variety of investigative techniques and tools, such as 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 a wealth of experience in defending companies in the asbestos industry, including distributors, manufacturers, suppliers, and contractors. Our team has been National Coordinating Counsel and Trial Counsel for a number of clients in asbestos litigation, and we have defended these companies in multiple jurisdictions across the nation. We also serve as Defense Liaison Counsel for a number of the asbestos dockets in the states, which we manage local and regional counsel to ensure uniform and cost-effective defense strategies and results.
Our national strategy to manage the asbestos defense has been proved to be effective and, in a number of instances, has decreased legal spend by millions of dollars when compared to the amount companies paid when being represented by other firms. This unique and aggressive method of managing asbestos cases has been acknowledged by courts across the nation.
We also have experience the defense of massive toxic tort suits brought against pharmaceutical companies and industrial chemicals and petroleum chemicals. These lawsuits stem from claims 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 a variety of neurological conditions.
Medical Expert Witnesses
Medical expert witnesses in asbestos cases are crucial, mainly because many symptoms of asbestos exposure may be confused with other illnesses such as emphysema or other forms of lung cancer. It is vital that lawyers have access to these experts who can help differentiate the various types of diseases and demonstrate the way each disease is the result of different types of exposures.
The most reliable evidence for this is in the medical records of asbestos victims. X-rays are readily available, as well as CT scans and biopsies. To get the most value out of the information available, medical professionals are needed to sift the data, and provide their opinion on the probable causes, probabilities, and other issues.
The medical experts involved in asbestos cases are usually well-known and have testified in dozens, or even hundreds of other cases. This credibility increases the credibility of these experts to the jury. These doctors have a great deal of experience in preparing themselves to testify, and therefore they know how to answer questions from defendants and how to present the evidence to the judge.
It is important to have both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not sufficient to prove that a victim has mesothelioma. It is necessary to prove that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.
Expert witness fees can constitute a significant portion of the costs associated with asbestos cases. This is why it is important for a lawyer who is defending the case to be able find and select the best expert witness for a particular case.
We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases in the federal and state courts across the country. Our team of knowledgeable and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today to learn how we can help you.