Asbestos can cause mesothelioma, a rare type of malignant tumor that forms in the lining of the lungs, heart, or abdomen. If you or a loved one developed mesothelioma from asbestos inhalation due to the negligence of a person or company, you could discover whether you have a valid case against the liable parties by speaking to an Illinois mesothelioma lawyer today.
The federal government has implemented laws to regulate the use of asbestos because of its link to mesothelioma and other severe health conditions. If the negligent actions of a person or company exposed you or your loved one to asbestos, and you developed mesothelioma as a result, you can recover compensation for your injuries by filing a personal injury lawsuit.
The family of an asbestos victim who died of mesothelioma can also file a wrongful death claim. Call Pintas & Mullins Law Firm at (800) 614-2067 to discuss your case with a team member and learn whether you could recover compensation through filing a mesothelioma lawsuit.
Liability for Asbestos Exposure
Mesothelioma is a deadly cancer often caused by chronic inhalation of asbestos fibers. Companies have a duty to use this toxic substance in a manner that accounts for the effects of asbestos exposure to other people.
Companies and property owners are negligent when they expose people to asbestos without warning them of the danger. If these entities were unaware of asbestos on their property, they have a legal obligation to inform the authorities as quickly as possible once they find out.
If during renovation, demolition or disposal, building owners and company management do not follow National Emission Standards for Hazardous Air Pollutants (NESHAP), they might face liability for any resulting cases of mesothelioma. While there is no naturally occurring asbestos in Illinois, industries like oil refineries, power plants, and steel mills often use the mineral in their facilities and machinery, putting their workers at risk.
What You Must Prove in a Mesothelioma Injury Case
You or your loved one can file a lawsuit against the parties responsible for causing the asbestos exposure. If you can prove your claim, you can typically expect to receive compensation for your injuries. The surviving family members could also file a wrongful death asbestos lawsuit if the victim died of mesothelioma that developed because of asbestos exposure.
Going to trial can be a long, expensive ordeal for defendants and plaintiffs. As such, a personal injury attorney can work to settle out of court. This resolution could offer you enough compensation to cover your medical expenses and ease your family’s financial worries.
Here are the elements of any personal injury case, including ones related to asbestos exposure:
- Duty to exercise reasonable care: Companies producing, distributing, or using products containing asbestos must inform their workers and other people about the harmful health effects of inhaling or ingesting asbestos and other toxic substances. Manufacturers must also provide workers with personal protective equipment that shields them from exposure.
- Failure to exercise reasonable care: As a victim, you must show that the companies or individuals with the duty to protect you from asbestos exposure breached that duty when they did not exercise reasonable care. For example, the company did not post a warning sign about the presence of asbestos. Even if they had no intention to harm you, their negligence makes them liable for your injury.
- Causation: You will have to show that the at-fault party’s negligence led to your mesothelioma diagnosis. Their acts must leave them at least 50 percent responsible for your illness to pursue a court case.
- Damages: You or your loved one can file a negligence claim when you have suffered damages due to your injury. Medical bills, loss of income, and disability are some common types of economic damages that may warrant filing a personal injury claim. You can also claim noneconomic damages such as pain and suffering or diminished quality of life.
An Illinois mesothelioma lawyer at Pintas & Mullins Law Firm can help determine if your case has the necessary elements for a negligence case. Our lawyers have worked on thousands of mesothelioma cases nationwide, compiling a database of companies and products linked to asbestos exposure. They can review your work history and match it against our database to find the entity that exposed you to asbestos. Call us today to get started on your case.
State Laws That Could Impact Your Case
If you have a potential personal injury lawsuit against a person or company in Illinois, you will want to take note of the following laws applicable to your situation.
Statute of Limitations
735 ILCS 5/13-202 sets a two-year time limit for claims involving personal injuries, such as negligence with handling asbestos that results in mesothelioma. The clock does not start on the statute of limitations until you receive your mesothelioma diagnosis. However, once the deadline hits, unless an exception entitles you to a longer period, the court will likely dismiss your case.
If you do not want to lose your right to ask a court to award you compensation for your injuries, you might want to consult an Illinois mesothelioma lawyer. They can help you meet the filing deadline.
Statutory Damage Caps
If you or your loved one developed mesothelioma because of someone else’s negligence, there is no limit to the restitution you could receive from private entities, but 705 ILCS 505/8 caps awards against state and local governments at $2 million. Unlike other states, you can also recover compensation for the physical and emotional pain, depression, insomnia, and other noneconomic losses you suffered.
We Are Here to Represent You
A mesothelioma injury claim involves complicated laws governing asbestos use and personal injury. If you pursue the case on your own, you must understand the laws applicable to your case as much as possible.
You might find it beneficial to work with an Illinois mesothelioma lawyer with Pintas & Mullins Law Firm. We can help you gather information, begin an investigation, and prepare evidence such as medical records and pay stubs to help you build your case for justice and compensation.
Contact Pintas & Mullins Law Firm today at (800) 614-2067 to speak with a team member about your case. The sooner you call, the sooner we can begin fighting to hold the companies accountable for harming you or your loved one.