Chicago Mesothelioma Lawyer

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

• 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 

Contact a Chicago Mesothelioma Attorney Today!

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.

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