Mesothelioma in Illinois commonly gets diagnosed in thousands of people annually, but it could be prevented in many cases. Mesothelioma commonly occurs from asbestos exposure in the work place and from second-hand exposure from products with asbestos including talcum powder.
It can take decades before any mesothelioma symptoms show. However, the treatment can get costly. A mesothelioma lawyer may be able to help patients figure out who is responsible for the costs. Stats indicate workers filed more than 4,000 work-related asbestos claims in 2017. Filing a legal claim is the only way to get compensated since the United States lacks a program for asbestos-related diseases.
Finding who is responsible
A lawsuit must meet some criteria, though the law varies in each state. These factors usually apply: negligence, breach of warranty, and strict liability.
The case has to prove the defendant had a duty of care to the employ, and their actions violated the duty of care, which lead to injuries, often referred to as causation. Negligence can be challenging to prove, but the plaintiff could use strict liability. Strict liability does not require the plaintiff to prove negligence on the part of the employer. Asbestos being a dangerous substance is usually enough evidence.
A breach of warranty involves making false claims about a product. For example, if they failed to disclose asbestos is dangerous, they made a breach of warranty.
Determining who is liable
Figuring out the source of exposure may be complex since it could have occurred from several sources. Mining companies commonly use asbestos products, and they could be liable for injuries if they don’t warn employees.
Numerous products are made with asbestos materials, including electronics, engines, and brakes. Makers of these products have a duty of care to disclose the possible risk of asbestos exposure.
A mesothelioma patient can file claims against a company or employer why they feel caused the disease. However, since multiple defendants could be involved in asbestos cases, legal representation is often needed to investigate responsible parties.