Mesothelioma

The impact of malignant mesothelioma, a rare but aggressive cancer primarily caused by asbestos exposure, has been profoundly felt in the United States.

This reality is underscored by the more than 45,000 mesothelioma deaths reported in the United States between 1999 and 2015, highlighting the critical importance of an experienced mesothelioma lawyer for victims and their families. [1]

Chicago mesothelioma lawyers, like the ones at Rosenfeld Injury Lawyers, play a pivotal role in navigating the complexities of asbestos-related diseases and mesothelioma litigation, offering hope and legal recourse to those affected by this devastating disease.

Our expertise not only aids in securing fair compensation but also in addressing the broader implications of asbestos exposure and occupational safety.

Legal Options for Mesothelioma Victims of Asbestos Exposure

Mesothelioma victims have a range of legal options to pursue compensation, and the nature of their claims can be influenced by various factors, including how asbestos exposure occurred, work history, and applicable laws. Below are several avenues for seeking justice:

• Personal Injury Claims: Our Chicago personal injury law firm has experience in toxic torts or product liability, and we can help you file mesothelioma lawsuits against companies responsible for exposure (sometimes even secondhand exposure).
• Asbestos Trust Fund Claims: Because many manufacturers and companies known for exposing workers to asbestos have gone bankrupt, they’ve been forced to establish trust funds specifically for compensating victims of asbestos-related illnesses.
• Wrongful Death Lawsuits: For families who have tragically lost a loved one to mesothelioma, our Chicago wrongful death claim lawyers offer specialized legal guidance. In some cases, there could also be a medical malpractice case.
• Workers’ Compensation Claims: If you came into contact with asbestos during the course of employment, our Chicago workers’ compensation attorneys can assist you in making claims through your state’s workers ‘ compensation program.
• Veterans’ Benefits Claims: Veterans who came into contact with asbestos during military service can seek assistance from veterans’ benefits lawyers, who are skilled at navigating the complex VA claims process.
• Railroad Injury Claims: Our Chicago FELA injury lawyers can help railroad workers exposed to asbestos and diagnosed with mesothelioma file claims for their damages under the Federal Employers’ Liability Act.
• Construction Injury Claims: Our Chicago construction injury lawyers are experts in the field of occupational safety and workers’ rights, which is essential when advocating for individuals who were exposed to asbestos during construction work and subsequently developed mesothelioma.

The Deadline for Filing Mesothelioma Claims

Understanding the deadline for filing mesothelioma claims is vital to preserving your legal rights. In Illinois, you generally have two years from the date you knew or should have known of your illness and that this potentially fatal disease was likely caused by coming into contact with asbestos fibers.

Damages Our Chicago Mesothelioma Lawyers Can Help You Recover

If you or someone close to you has been exposed to asbestos, leading to a diagnosis of mesothelioma, it is critical for you to understand what compensation may be available. You are most often eligible for the following types:

Economic Damages

Economic damages are losses you’ve suffered from exposure and resulting illnesses that can be easily quantified into monetary amounts. These usually include medical bills—both current and future ones—as well as lost wages if your illness has impacted your ability to work.

Non-Economic Damages

Non-economic damages are intended to compensate you for the non-financial impacts of your illness. This typically covers pain and suffering, emotional distress or mental anguish, loss of enjoyment of life, and loss of consortium.

Punitive Damages

Punitive damages are not intended to compensate the victim per se, but to serve as a form of punishment to the negligent parties whose egregious conduct caused your illness.

Wrongful Death Damages

If you have lost a loved one due to mesothelioma, pursuing a wrongful death claim may be an appropriate course of action. Potential damages in a wrongful death lawsuit include medical expenses, funeral costs, loss of income and benefits, and loss of consortium and companionship.

Financial Compensation for Victims of Asbestos Exposure Diagnosed With Mesothelioma

In mesothelioma cases resulting from exposure to asbestos, the financial compensation awarded can play a pivotal role in covering medical treatment and providing some degree of comfort to victims and their families. However, there are no standard or “go-to” amounts when it comes to settlements or jury awards.

Factors influencing compensation often include the following:

• The severity of your diagnosis
• Accumulated medical expenses
• Lost wages/earning capacity
• Pain and suffering
• Whether an asbestos trust fund is available

Filing Mesothelioma Lawsuits With Rosenfeld Injury Lawyers

We understand how difficult this time is, and we’re here to help. When you’re ready to embark on pursuing a mesothelioma lawsuit, Rosenfeld Injury Lawyers can guide you through the following steps.

• Initial Consultation: We listen to your story to understand how and when you were exposed to asbestos to determine if you have a mesothelioma claim for compensation.
• Explanation of Legal Options: After gathering information on your exposure history and illness, we will outline possible legal avenues for seeking compensation.
• Filing Your Claim: Once evidence is gathered, we prepare and file a formal lawsuit or trust fund claim on your behalf, handling all procedural requirements to advance your case effectively.
• Negotiate with Defendants: If your claim is with a company that has not filed for bankruptcy and has not set up a trust fund, we can negotiate with them to come to an agreement that fairly compensates your losses,
• Trial Preparation: If a settlement cannot be reached or isn’t in your best interest, we prepare to put forth a strong mesothelioma case at trial, meticulously gathering evidence and expert testimony to support your claim.

The Basis of Asbestos Litigation

Asbestos litigation is multifaceted and can involve several legal theories. Here is an overview of key concepts typically encountered in these cases:

• Breach of Warranty: This legal claim asserts the manufacturer or supplier breached a guarantee stating a product was safe when it actually contained asbestos.
• Implied Warranty: Another breach of warranty claim, an implied warranty claim alleges the asbestos products should meet a certain level of quality and safety simply by being offered for sale, suggesting it’s fit for its intended use without harmful defects.
• Negligence: This argument is based on the premise that the defendants – whether they be manufacturers, employers, or contractors – had a duty to ensure safety and failed to exercise reasonable care in preventing exposure to the asbestos product, directly causing harm.
• Strict Liability: With strict liability claims, there’s no need for mesothelioma patients to prove negligence. Instead, it is enough to demonstrate the product contained asbestos and directly caused your disease.

The Time It Takes to Settle Mesothelioma Cases

The time it takes to settle mesothelioma cases can vary significantly because each case’s circumstances are unique. Several factors impact the duration of a lawsuit, including the complexity of establishing exposure history, the severity and progression of your illness, and negotiations with defendants or trust funds administrators.

At Rosenfeld Injury Lawyers, we commit to efficiently moving your case forward while striving for maximum compensation for you and your family in this challenging time.

The Cost of Hiring a Mesothelioma Lawyer in Chicago

In our aim to alleviate the stresses faced by those affected by asbestos, we operate on a contingency fee basis. This means you don’t pay anything upfront or out-of-pocket for our legal services.

We only collect attorney fees if we are successful in obtaining a settlement or a verdict on your behalf. In these cases, our fee is a percentage of that amount. Essentially, if you don’t get paid, we don’t get paid.

Why Do People Sue for Mesothelioma?

People sue for mesothelioma primarily to obtain compensation for losses incurred due to their illness. Given that mesothelioma has been linked to asbestos exposure, legal action serves as a form of justice against negligent parties who failed to inform or protect individuals from this known hazard.

What Lawsuits Involve Mesothelioma?

Mesothelioma lawsuits traditionally fall into two categories. The first is a personal injury claim made by the person diagnosed with mesothelioma. Another common type of lawsuit is a wrongful death claim, which can be lodged by the family of someone who died from the condition and has the right to seek compensation from the responsible party.

Chicago Asbestos Claims and Multidistrict Litigation

While class-action suits were prevalent in the early days of asbestos claims, cases now tend to utilize a multidistrict litigation (MDL) approach or are handled as individual claims.

MDL is a legal procedure designed to speed up the process of handling cases of a large number of plaintiffs suing on similar grounds. Individual lawsuits against the same defendant(s) are consolidated in one court under one judge for pretrial and discovery processes.

However, each claim within an MDL maintains its own identity so different outcomes can apply depending on specific case facts.

The Statistics of Mesothelioma and Asbestos Exposure

Mesothelioma is a rare but serious cancer that has had a significant impact in the US. Here are some key statistics:

• Between 1999 and 2018, 48,073 cases of mesothelioma were recorded in the US. [2]
• About 3,000 new cases are diagnosed each year. [3]
• The average age of individuals diagnosed with pleural mesothelioma (mesothelioma in the chest) is 72. [3]
• Between 1999 and 2017, Illinois experienced 430 deaths from asbestosis. [4]
• During the same period, there were 2,333 deaths from Mesothelioma in Illinois. [4]
• In this timeframe, there were an estimated 3,863 deaths in Cook County, which is where Chicago is located. [4]
• Mesothelioma diagnoses are more common in men, those aged 65 years and older, and white individuals. [5]
• The rate of mesothelioma increased between the 1970s through the 1990s, but is currently leveling off or even decreasing. This is probably because of changes in exposure at the workplace.[5]

The Most Common Mesothelioma Victims

Most mesothelioma victims tend to be individuals who were exposed to asbestos through their profession. Prolonged or heavy exposure was typical in certain industries and occupations, such as:

• Shipbuilding
• Construction
• Power plants
• Oil refineries
• Railroad workers

Specific roles of people most likely to be exposed include:

• Firemen
• Contractors and construction workers
• Shipyard workers
• Insulation manufacturers and installers
• Boilermakers
• Pipefitters/plumbers

What Is Mesothelioma?

Mesothelioma is a type of rare and aggressive cancer primarily caused by the inhalation or ingestion of asbestos fibers, leading to cancerous tissue developing in the lining of the lungs (pleural mesothelioma) or abdomen (peritoneal mesothelioma).

It’s strongly linked to exposure to asbestos, with symptoms typically taking several decades to appear after contact with the fiber.

What Is Asbestos?

Asbestos is a naturally occurring fibrous mineral that, when inhaled or ingested, can lead to serious health risks such as lung cancer, pleural mesothelioma – a type of malignant mesothelioma – and other fatal diseases. These can impact life expectancy due to the development of cancerous cells in the lung tissue and abdominal cavity.

Mesothelioma Symptoms

Recognizing mesothelioma symptoms is critical for early detection and treatment. Here are some of the most common signs to watch out for:

• Shortness of breath or difficulty breathing
• Persistent cough or wheezing
• Chest pain
• Abdominal swelling and pain
• Unexplained weight loss
• Fatigue
• Fevers and night sweats

Types of Mesothelioma

Mesothelioma cancer manifests in various forms, depending on the location of the malignant cancer cells within your body. The common types include:

• Pleural mesothelioma is the most common form, and it develops in the pleura, or lining of the lungs, often presenting symptoms like chest pain and breathing difficulties due to its location. [6]
• Second in prevalence is peritoneal mesothelioma. This type forms in the abdomen’s lining (peritoneum), causing abdominal pain and swelling as tumors grow on this membrane.
• Pericardial mesothelioma is a rarer variety occurring within the pericardium, the protective layer surrounding the heart.
• The rarest form of the disease, testicular mesothelioma originates in the tunica vaginalis, the protective lining around the testes, and may present as masses or swelling on or around a testicle. [7]

Mesothelioma Diagnosis

Mesothelioma diagnosis typically begins with reviewing information with mesothelioma patients, like their occupational history, any signs or symptoms of disease, and asbestos-related exposure. Following this review, diagnostic methods include imaging scans, like CT scans, MRIs, and X-rays, to spot abnormalities.

A biopsy is often done following imaging tests. This involves extracting a small sample of affected tissue for analysis, definitively confirming whether malignant cells are present.

Mesothelioma Treatment Options

Treatment options for mesothelioma are typically dependent on the type and stage of the cancer, as well as the patient’s overall health. The primary mesothelioma treatment includes surgery to remove affected tissue, chemotherapy to target cancer cells and avoid healthy cells, and radiation therapy to destroy or shrink tumors.

Contact a Chicago Mesothelioma Attorney Today!

If you or a loved one has been diagnosed with mesothelioma in the Chicago area, do not wait to seek legal representation. Contact Rosenfeld Injury Lawyers today for a free, no-obligation consultation to discuss your case and explore the options available to you.

Simply call our toll-free number at (888) 424-5757 or reach out via our website and take your first step toward finding expert guidance as you navigate this challenging time. Our dedicated mesothelioma attorney is prepared to fight to obtain the compensation you deserve.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Chicago, Elgin, Peoria, Rockford and throughout Illinois.

Resources: [1] CDC, [2] CDC, [3] Cancer.org, [4] Asbestos Nation, [5] NIH, [6] CDC, [7] NIH

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.