What Kind of Mesothelioma Cases are There?
- Products Liability
- Workers' Compensation
Rosenfeld Injury Lawyers LLC Helps Mesothelioma Victims Through The Legal Process
Litigation is normally the last place that anyone wants to end up; however, for many mesothelioma victims, this is their last or only recourse to seek compensation. Lawsuits are sophisticated and expenses procedures. They implicate esoteric substantive issues and necessitate confusing procedural hurdles. With mesothelioma and asbestos cases, this is especially the case because of their exceedingly difficult medical and scientific facts and circumstances. Also, these victims are generally the worse off from many other plaintiffs. Their injuries generally require the greatest expenses as well. Thus, they try their hand at legal redress. At the beginning of the trial, most of our clients want to know how long it will take, how much it will cost, and how much it will return. Before answering these questions, we try and sketch out for them how their case will proceed according to its form. Here are some of the most common kinds of mesothelioma cases:
Negligence Claims For Mesothelioma Lawsuits
This is the golden tuna of case types. It is easily the most frequent form of civil litigation and generally the most recognizable especially in the context of mesothelioma. In a negligence action, you are essentially complaining that someone acted unreasonably. More specifically, you are pointing out that their conduct fell below a standard that other reasonable would have met in the same circumstances. However, the issue at fault could also be an omission. The key is whether or not an act or omission led to someone else's injuries. As you can see, there are a number of moving parts in negligence lawsuits especially with cases as complicated as mesothelioma suits. Most of these problems are decided by the jury including the general question of reasonability. Using the evidence presented and witnesses' testimony, they must decide who was at fault and how much, if any, compensation to award. Typically, when deciphering if the defendant was at fault, the jury attempts to find alternative actions that could have been taken, how costly those alternatives might have been, and how costly the defendant's actual actions were. To actually find negligence, however, they must affirmatively answer the four following questions:
- Did the defendant owe a legal duty to the plaintiff?
- Did the defendant breach that legal duty?
- Did the breach proximately cause the plaintiff's injuries?
- Did the injuries result in actual damages to the plaintiff?
One common example of negligence in the context of mesothelioma cases is not providing adequate warning to employees/customers of asbestos exposure.
Products Liability Claims For Mesothelioma Lawsuits
So many of the lawsuits we see and hear about involve negligence that it is easy to forget about other forms of mesothelioma cases. However, with these suits there is another breed of litigation that is critical and should never be forgotten: products liability actions. Think about it-sometimes the very tools you use in the workplace or the very things you buy for your home are dangerous and can cause you injury. If either situation comes to fruition, then the law definitely affords the right to sue the maker of the product. With the relationship between mesothelioma and asbestos, the facts have absolutely shown that exposure via equipment, products, or location has led to the disease and terrible subsequent injuries, not to mention expenses. If you become the victim of mesothelioma because of a product, it is important to know the different variations of cases that products liability normally take such as defective production, defective design, and defective notice or instruction. What it all boils down to, though, is the general argument that they all make and the elements they all generally raise, including the following:
- There was a defective design or manufacture of the product (or defective warnings/instructions).
- You reasonably used the product as it was intended to be used.
- You were injured while reasonably using the product as it was intended to be used.
- The injury arose due to the defect.
- You suffered actual damages because of the injury.
In the context of mesothelioma cases, one classic example of a defective product is home insulation because for a long time it was used with asbestos.
Workers' Compensation Claims For Mesothelioma Lawsuits
Illinois has had a system of workers' compensation for over one hundred years. In fact, it dates back to 1912. What it is designed to do is compensate workers who suffer injuries, diseases, or other impairments while on the job. While an actual lawsuit might afford more compensation for a victim, workers' compensation has the advantage of not needing to prove fault. In other words, workers do not have to show they were blameless and/or their employer was to blame for what happened. However, a recent Illinois Supreme Court decision ruled that Workers' Compensation is workers' sole remedy when seeking compensation for workplace injuries such as mesothelioma or other affects associated with asbestos exposure. This means that they cannot sue even if the workers' compensation time limits have expired (25 years). This is significant because mesothelioma does not exhibit for 30 or 40 years in some instances. Thus, many workers would not have seen reason to file a workers' compensation claim before they were supposed to and now cannot turn around and file a lawsuit. To learn more, read the case: Folta v. Ferro Engineering, 2015 IL 118070.
Call Us To Get Help Today!
Rosenfeld Injury Lawyers LLC can assist you in preparing a complaint for trial. By allowing us to help you, you will gain from our years of experience in representing mesothelioma victims. Plus, just like them, we will represent you on contingency so that your focus will be on your recovery and not our bills. So call us today and speak with a member of the Rosenfeld Injury Lawyers LLC.