Tuesday, October 5, 2010

Toxic Tort Litigation; Frye -Daubert Hearings.

In toxic tort personal injury exposure cases it is not enough to have pulmonologists, epidemiologists, ear , nose and throat experts, toxicologists, life care planners , economists and more. You must , at the outset of the litigation, engage a medical-legal researcher to obtain "all medical,toxicological and scientific studies and peer reviews on the subject toxin and the medical causation to humans. This will allow you to analyze from "the get go" your chances of succeeding on a Frye-Daubert challenge.
To say,"I'll address that later", is putting the cart before the horse. Conceivably, you could spend hundreds of thousands of dollars, do 50 depositions , spend countless man hours, overcome summary judgment motions, but then get knocked out of the box on a Frye -Daubert challenge. Scary stuff!
Do yourself a favor; Do the heavy lifting up-front....BELIEVE ME, THE DEFENDANTS HAVE!

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