Mesothelioma Lawyer in Chicago involves complex medical issues, and our firm has a lengthy record of success in cases involving medical malpractice, inviting you to view the case results before contacting our Mesothelioma Lawyers in Chicago at Salvi, Schostok & Pritchard P.C., for a free consultation.
So far, Salvi, Schostok & Pritchard P.C., has recovered over $800 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 P.C.’s record speaks for itself.
If you’ve developed mesothelioma, asbestosis, or another asbestos-related injury, let the company’s experience work for you. They’ve been a successful pursuit in product liability claims, including a $9 million product injury case, which was settled in 2011.
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 their duty.
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 Illinois mesothelioma lawyers who know how to get results.
Salvi, Schostok & Pritchard P.C., offers a free, no-obligation evaluation of Mesothelioma claims in Chicago and throughout Illinois.
You will not pay for the company’s legal services unless we obtain compensation for both you and your family. feel free to contact an Illinois Mesothelioma lawyer today.
Mesothelioma Lawyers in Chicago Overview
Sadly, the prognosis for mesothelioma cancer is grim – most patients die within a year or two after diagnosis.
Other diseases associated with asbestos exposure include asbestosis (a scarring of the lung tissue from an acid produced by the body’s attempt to dissolve the fiber) and various cancers that affect the lungs, gastrointestinal tract, kidneys, ovaries, testicles, and larynx.
Types of Mesothelioma Lawyers in Chicago
Mesothelioma is a cancer of the mesothelium – a protective lining made of Mesothelioma cells. The mesothelium forms sacs of fluid around most human organs to allow them to properly move and function.
Cancer in this lining causes the mesothelium cells to abnormally and uncontrollably divide – which can metastasize and spread to the organ they are protecting as well as to other organs. Although mesothelioma cancers can take anywhere from 20 to 50 years to appear, many patients die within one to two years of diagnosis.
Mesothelioma generally affects these three parts of the human body:
- Lungs (known as pleural mesothelioma)
- Abdomen (known as peritoneal mesothelioma)
- Heart (known as pericardium mesothelioma)
Pleural Mesothelioma Lawyers in Chicago
Pleural mesothelioma is cancer of the lungs that starts in the chest cavity or pleura, the lining around the chest cavity. It accounts for 75 percent of all mesothelioma cases. The most common symptoms include:
- Difficulty swallowing
- Fatigue
- Night sweats/fever
- Persistent chest pain
- Persistent dry cough
- Shortness of breath.
Traditional treatments for pleural mesothelioma include radiation, chemotherapy, and surgery. While radiation and chemotherapy can help to kill cancerous cells, these methods are risky as they kill healthy cells in the process and, like all cancer treatments, can lead to other health concerns.
Surgery is also an option for pleural mesothelioma by removing all or part of the affected lung. However, that can be dangerous and seriously affect a patient’s overall health and future quality of life.
Peritoneal Mesothelioma
Peritoneal mesothelioma is cancer of the abdomen that starts in the abdominal area or peritoneum, the lining around the abdomen. It accounts for 10-20 percent of all mesothelioma cases. The most common symptoms include:
- Abdominal pain and swelling
- Constipation or diarrhea
- Fatigue
- Nausea/vomiting
- Weight loss.
Traditional treatments for peritoneal mesothelioma also include radiation, chemotherapy, and surgery to remove the cancerous tissue in the abdomen or gastrointestinal tract.
However, treatment for peritoneal mesothelioma can be difficult, as it tends to metastasize more quickly than other types of mesothelioma. In many cases, treatments simply focus on cancer’s symptoms and not a cure.
Pericardial Mesothelioma
Pericardial mesothelioma is a cancer of the heart, which starts in the pericardium or the exterior lining around the heart. It accounts for only about one percent of all mesothelioma cases. The most common symptoms include:
- Chest pain
- Coughing
- Difficulty breathing
- Fatigue
- Irregular heartbeat
- Night sweats/fever.
Traditional treatments for pericardial mesothelioma also include radiation and chemotherapy; however, surgery to remove the cancer is risky due to its proximity to the heart. As with other forms of mesothelioma, many treatments simply focus on cancer’s symptoms and not a cure.