Determining fault is the most important step in the preparation of a mesothelioma case and it is important to file your claim against the right parties. Possible culprits may range from your employer to the manufacturer of the asbestos laced products that contributed to your illness or the ownership of the building or location where you were employed. It is important to evaluate whether your employer was aware of the risk and failed to take action, if the company that produced the hazardous product labeled it properly or if the administration of an office building or school failed to properly inspect the premises for the presence of asbestos particles in the air.
Why the Employer is not always at Fault
Many office buildings are leased to multiple companies and your employer may not be responsible for an unsafe work environment if you worked in a building that was owned by an outside party. In order for an employer to be liable in a mesothelioma case, the employer needs to have been aware of the hazard and failed to take appropriate measures to protect its employees. The owner of an office building is liable, however, if any of the occupants of the building are injured or become ill due to negligence.
Manufacturers of Asbestos Laced Products
Products that contain asbestos must be marked in order to warn the people who handle them of the potential hazard. Many of these products are not properly labeled and the manufacturers can be held liable if their products cause undue harm to the people who handle them. A qualified mesothelioma lawyer is able to investigate the circumstances that led to the development of your condition in order to determine if the manufacturers of the products you handled may be accountable and owe you compensation.
Employers Who Knowingly Endanger Employees
More often than not, the employer of a mesothelioma victim shares some of the responsibility through failure to provide employees safety equipment or inform them that there is a risk of exposure. A lawsuit may be brought against an employer if it is believed that the employer had the power and resources to prevent asbestos exposure and failed to do so. Many employers and manufacturers were fully aware of the health hazards related to asbestos exposure decades before legislation placed limitations on the amount of asbestos that could be included in products. Because they were aware of the dangers and failed to act, those companies may find themselves liable to provide compensation to those who have suffered from mesothelioma or asbestosis as a result.
Determining How & Where A Mesothelioma Claim Can Be Filed
Multiple parties may be liable for the damages that you have incurred and a mesothelioma lawyer can explain which route is most beneficial to your case. A case against a company that has few assets may not be very fruitful and it may be more efficient and yield a better result to focus the effort of the case on another party that is able to provide compensation when you win. This is why it is important to speak to an attorney who is knowledgeable and experienced with cases related to asbestos exposure.
Our Chicago mesothelioma lawyers have the knowledge, experience and resources required to win your case. Contact us to arrange a free consultation and we will inform you of your rights, whether you are entitled to compensation and the best way to proceed with your case in a manner that will maximize the benefit to you.