Salvi, Schostok & Pritchard P.C. has recovered over $900 million in personal injury and wrongful death lawsuits for its clients. The firm’s record includes 200 cases with verdicts or settlements of $1 million or more.
Consistently recognized among the top Illinois law firms by Chicago Lawyer Magazine, Salvi, Schostok & Pritchard’s record speaks for itself.
If you’ve developed mesothelioma, asbestosis or another asbestos-related injury, let our experience work for you. We have been successful in pursuing product liability claims, including a $9 million product injury case we settled in 2011.
Mesothelioma involves complex medical issues, and our firm has a lengthy record of success in cases involving medical malpractice. We invite you to review our case results before contacting our law firm for a free consultation.
How A Mesothelioma Lawsuit Works
A mesothelioma injury lawsuit can be filed as a personal injury or wrongful death lawsuit. The former is filed by the individual who has been injured; the latter is filed by the family of the individual who has passed away. In civil court lawsuits for damages, legal responsibility for injuries caused by asbestos exposure is generally determined under product liability law, which holds manufacturers and distributors responsible for failing to provide a well-designed product that is reasonably safe when used as intended.
Product liability lawsuits regarding asbestos exposure can be based on three theories – breach of warranty, negligence or strict liability – or a combination of all three. Our team of experienced product liability lawyers can explain these concepts, summarized briefly below, in more detail and determine which might apply to your situation:
- Breach of Warranty. There are two types of warranties – express and implied. An express warranty exists when a claim is made about a product, the buyer relies on that claim and then the claim turns out to be false. If an asbestos manufacturer, supplier or anyone involved in that chain claimed that using asbestos was safe, they may be held liable for injuries that result from that usage.
- An implied warranty accompanies the sale and use of products pursuant to state commercial code statutes. It is generally implied that a product will be safe and fit for its determined purpose. Asbestos was sold to many industries as an insulation product, and it was used for that purpose and should have been safe; therefore, its safety was implied simply by its sale.
- Negligence. There are four parts to a negligence claim – duty, breach, causation and damages. Asbestos manufacturers, suppliers and sellers may have had a duty (based on a legal standard) to provide adequate warning to people who used or were exposed to asbestos about its dangers. In most cases, warnings were not provided, so that duty may have very well been breached. If it can be determined that a plaintiff’s injury was ultimately caused by that asbestos use or exposure and they have been damaged, then liability is present.
- Strict Liability. Under strict liability, a plaintiff does not need to prove that a defendant acted negligently in order to recover damages. The fact that a product was unreasonably dangerous and sold by a retail manufacturer or seller may be enough to establish that a defendant may have breached its duty.
Ready To Talk About Your Mesothelioma Claim?
Deciding which legal theory to use in your case is only the first step in your case. Our law firm knows how to pursue your claim in state or federal court, and our skilled legal team knows how to negotiate with the parties responsible for your illness. We’ll take them to court if a settlement cannot be reached. At every step of the way, we keep your best interests in mind while keeping you up-to-date on your case’s progress.
For your mesothelioma claim, turn to an Illinois law firm with a record of success and a team of skilled accident attorneys who know how to get results.
Salvi, Schostok & Pritchard P.C. offers a free, no-obligation evaluation mesothelioma claims in Chicago and throughout Illinois. You will not pay for our legal services unless we obtain compensation for you and your family. Contact us toll free at 312-361-1823 or use our free online contact form.