Understanding how an asbestos injury claim is approved

On Behalf of | Jul 28, 2020 | Asbestos |

Asbestos is a prime example of a product that was manufactured long ago without the consideration of its long-term effects. With its microscopic fibers that can be breathed in, this type of insulation can cause deadly conditions like mesothelioma. Unfortunately, many victims in Illinois do not know they have been contaminated until years later. The disease develops over an approximately 20-year span, and people begin experiencing difficulties long before. Once it is diagnosed through medical testing, victims can then establish who was at fault for the contamination and file a personal injury claim.

The first contention in asbestos-related diseases claims is breach of warranty. Asbestos was used as a construction insulation material for many years and no one was ever warned of the potential contamination issue. Asbestos injury claims are effectively product liability legal matters. Notification of warnings is a primary requirement when putting products on the market.

Negligence is the second issue associated with an asbestos injury claim. In fact, this is a vital component in most personal injury claims. It essentially means that the defendant breached its duty to provide a safe product, and this led to an injury. However, negligence is not necessary to prove in a product liability claim due to the strict liability doctrine applied for product manufacturers.

Strict liability means that all manufacturers and possibly sales outlets are responsible for their product when displayed for sale. The real question in a product liability claim is the extent of damage the victim suffered. Each manufacturer could be held liable, and it is common for claims to be filed against multiple companies when a victim has worked different jobs. Since filing an asbestos-related injury claim can be complicated, a victim may want to partner with an attorney.