Mesothelioma Lawsuit FAQ's
Rosenfeld Injury Lawyers LLC represents people with mesothelioma injuries caused by exposure to hazardous asbestos fibers. Our law firm has collected a series of mesothelioma FAQs related to the medical and legal aspects of an injury involving asbestos-related exposure. Should you have additional questions, we invite you to contact our office for a free review of your legal rights.
Mesothelioma is a potentially fatal malignant cancer that initially develops in the body's thin layer of tissue covering most internal organs. There is no cure for this aggressive cancer that claims the lives of thousands of individuals every year. There are different forms of mesothelioma including:
- Pleural Mesothelioma affects tissue surrounding the lungs that leads to painful coughing, chest pain, shortness of breath, excessive weight loss, and unusual tissue lumps that occur on the chest under the skin
- Peritoneal mesothelioma develops in abdominal tissue and causes excessive swelling, pain, weight loss, and tissue lumps the develop in the abdominal area.
- Tunica vaginalis mesothelioma develops in the tissue that surrounds the testicles that usually identified by a mass or swollen area on the testicle.
- Pericardial mesothelioma affects the tissue surrounding the heart that leads to chest pains and difficulty in breathing.
Many of the symptoms and signs associated with mesothelioma are not specific but tend to mimic indicators of other diseases.
The information below answers many of the mesothelioma lawsuits frequently asked questions. The data was compiled by Rosenfeld Injury Lawyers (888-424-5757) who have represented many clients that have suffered from the diverse forms of the crippling disease. These questions and answers include:
How do I Prove That I was Exposed to Asbestos Fibers That Caused my Mesothelioma?
To prove that you experienced asbestos exposure, your physician must first diagnose you with an asbestos-related illness such as mesothelioma. Then, you need to prove that areas around which you worked, lived, or frequented contained such asbestos fibers. Even though asbestos fibers are no longer used in the building process of commercial and residential building construction, many individuals still suffer serious health risks through exposure inside old buildings or when handling fixtures and materials that were not removed and disposed of properly. Common exposure to extremely harmful fibers can occur to workers in various fields including insulators, minors, pipefitters, shipbuilders, plumbers, construction workers, Navy ship workers, power generation workers, railroad workers, auto repairers, textile workers and appliance repairers.
I Never Worked in Those Industries so how was I Exposed?
You do not have work in a certain industry in order to be exposed to asbestos in Illinois or any other state. Asbestos fibers that cause mesothelioma disease can be very pervasive because they harbor in older public buildings, homes, and schools. While the tradesman, worker, visitor, customer, student or employee might not come into direct contact with asbestos, the fibers may become airborne and settle on clothing and in hair. Additionally, family members might be exposed to the dangerous fibers when their loved one returns from work or school with airborne particles at the end of the day.
Any individual who works or lives near a site that contains asbestos might be exposed to the dangerous particles, or when handling appliances or equipment like hair dryers that were once manufactured with asbestos. Common materials contained asbestos before the mid-1970s include:
- Pipe insulation
- Boiler insulation
- Fireproof spray insulation
- Transite siding
- Ceiling tiles, floor tiles, and roofing materials
- Car clutches and brake pads
- Insulating plaster, cement, and joint compound
How do I Know who was Liable for Causing My Mesothelioma?
The party responsible for your mesothelioma must have negligently made, exposed you to, or sold the products which caused your illness. If you have been diagnosed with mesothelioma that was caused by exposure to asbestos fibers, you are likely facing a lifetime of expensive medical costs associated with treating the devastating disease.
An attorney working on your behalf can file a lawsuit to seek financial compensation from any company that used asbestos, removed asbestos, disturbed the dangerous fibers or failed to dispose of removed asbestos properly. Your lawyer will investigate your case to determine how you were exposed to asbestos and identify the products or building materials that contain the harmful fibers that led to the development of your disease.
How can I get Compensated if the Chicago Company is out of Business?
Our attorneys can assist you in filing a claim for compensation even if the company that used asbestos is no longer business or has filed for bankruptcy in federal court. We will use all available resources to locate responsible parties to include in your filed lawsuit for monetary recovery.
Can I Receive Financial Compensation if My Exposure Occurred While Serving in the Navy?
Under federal law, the Navy can be sued under very special circumstances. While the federal government can claim sovereign immunity that restricts citizens from filing suit against them, there are specific situations including exposure to asbestos that occurred in the Navy that can allow the injured victim to file a lawsuit. However, these cases are complex often require the skills of a personal injury attorney who specializes in lawsuits where the government agency is listed as a defendant.
Will My Chicago Mesothelioma Case go to Trial?
Your Chicago Mesothelioma case will probably not go to trial because nearly every other similar dispute is resolved outside of the courtroom and never goes to court. The plaintiffs and the defendants typically reach a settlement that involves an appropriate monetary recovery to satisfy the plaintiff's financial needs to recover past expenses and future costs. Resolving the case out of court occurs even when the defendant implies that they will never pay the claim because making a public pronouncement of the defendant's responsibility could cost them significantly more if other plaintiffs filed their suits without legal representation.
Will the Compensation I Receive be Worth the Time and Aggravation?
The compensation you receive from an Illinois mesothelioma lawsuit will be worth the time effort as it will help pay for items like medical bills, lost wages, suffering, lost companionship and other harms and expenses. The amount of financial compensation we have directly obtained for other clients has provided sufficient funds needed to care for the mesothelioma patient, surviving spouse, and their family in an amount that will last their lifetime and longer.
Will Filing an Illinois Mesothelioma Lawsuit be Overwhelming?
Illinois mesothelioma lawsuits are complex, but if you hire a competent and dedicated law firm to manage the case it will alleviate a lot of the stress, burden, and worry. The personal injury attorneys at Rosenfeld Injury Lawyers (888-424-5757) can handle every aspect of your asbestos injury case from filing documents to negotiating a settlement or presenting evidence at trial. If necessary, our legal firm will hire professionals to provide expert testimony, investigate facts to prove your exposure and identify defendants in your case to ensure your family is adequately compensated. We do not require any upfront payment of fees while we work on creating peace of mind and obtaining financial security for your family while you heal from the devastating effects of mesothelioma.
Does Illinois Worker's Compensation Pay Benefits for Mesothelioma Injuries?
Illinois workers’ compensation benefits only cover a portion of a victim’s mesothelioma injuries, and often exclude compensation for reckless behavior and punitive damages. On the other hand, Illinois lawsuits offer a more comprehensive benefits plan and recovery range.
Worker's Compensation offers relief to injured workers eligible to receive benefits to pay for job-related illnesses and injuries that occurred or developed while the company employed the worker. These benefits include a percentage of the employee's hourly or salaried payments to cover their temporary disability, partial disability, or permanent disability caused by the inability to work along with disfigurement and loss of function. The benefit covers the injured employee's medical expenses for reasonable treatment that is necessary to heal along with vocational rehabilitation.
Unfortunately, the benefits program provides only minimal monetary compensation to handle catastrophic severe personal injuries. Because of that, your attorney will need to identify a negligent third party like a product manufacturer or others that are at fault for your damages. Starting a case now is crucial because it may take months to identify a responsible third party and ensure that all evidence necessary to prove your case is preserved.
How can I Seek Compensation if My Loved one Died From Mesothelioma in Illinois?
You can seek justice and financial compensation if your loved one dies from mesothelioma by filing a wrongful death lawsuit in Illinois court. These causes of action target responsible for the wrongful death of another and award their loved ones financial compensation for the harms and losses that occurred because of the passing. Your attorney can ensure that you receive adequate recompense for your loved one's medical expenses, lost wages, the loss of all future earnings, the loss of consortium and companionship, funeral expenses and burial costs. If your loved one dies during the process of resolving the lawsuit or monetary recovery claim, their estate will receive the funds. Additionally, the family can still pursue the case through a wrongful death lawsuit to ensure that all survivors are compensated for their loss.
How Long do I Have to File a Lawsuit or Claim for Compensation in Illinois?
According to the law, you must file all necessary documentation in the appropriate county courthouse before the state statute of limitations expires. A consulting attorney can assist you in validating the time limit when the statute would expire in your case even if the time limit might be difficult to determine if you are unaware of when you were exposed to the toxic fibers or developed your condition. Generally, mesothelioma victims have two (2) years to file a claim for their own relief. See 735 ILCS 5/13-202. If you are bringing a case on behalf of a loved one that passed away due to mesothelioma and asbestos, then you will have one (year) from the date of the death to file the Illinois case. 735 ILCS 5/13-209.
How Much is an Illinois Asbestos Case Worth?
Cases for asbestos-related injuries and deaths routinely average between one and several million dollars. Some claims get more than that and some get less but many obtain tens to hundreds of thousands of dollars. Every case we resolve for our clients with mesothelioma is unique. How much you receive will be based on the extent of your condition and damages, the cost of medical attention necessary for your recovery or survival and the level of disability it places on your daily life. Our attorneys use specific formulas that a proven highly effective when negotiating an out of court settlement on your behalf.
If we are unable to secure an acceptable negotiated settlement, we will build the case to take to trial where we can present your evidence in front of a judge and jury. Once your case is successfully resolved, the jury will determine the extent of your injuries and the amount of financial compensation you deserve.
How Long Will it Take Before I Receive Compensation?
The length of time it takes to resolve your case will depend on the extent of your injuries and other factors including identifying parties at fault for your damages. In many incidents, a client will receive a settlement after just a few months while other cases take longer. Our attorneys remain compassionate about your need for financial security now especially if you are elderly or suffering from poor health.
Can I Still sue Even if I do not Want to Financially Strap My Boss?
Yes, you can still bring a mesothelioma lawsuit without hamstringing your boss because they normally involve insurance companies that issue a policy paid for through premiums. The policy minimizes your employer's participation in the case. Your boss likely paid for insurance to cover problems exactly like yours to ensure his or her employees were not financially damaged by problems, illnesses, and injuries that developed on the job. Their insurance policy will ensure that their employee and family are not left destitute and can continue operating their business while providing you the financial recompense you deserve to recover from your debilitating health and monetary losses.
How Much Does it Cost to Review a Mesothelioma Case?
The mesothelioma injury attorneys at Rosenfeld Injury Lawyers (888-424-5757) will review your personal injury case or wrongful death lawsuit during an initial consultation at no cost to you. During your case evaluation, we will provide numerous legal options on how to proceed to ensure you and your family receives the financial compensation you deserve without obligation to hire us for legal representation.
Can I Afford a Lawyer to Handle My Case?
Our law firm handles all wrongful death lawsuits and personal injury cases through contingency fee agreements. This arrangement postpones the payment of all your legal services until after we have successfully resolved your case through a jury trial or a negotiated out-of-court settlement. You are not required to pay any fees until you have obtained them from the defendants. Also, our legal team will ensure you are receiving appropriate medical care to improve your health and support your survival from this devastating disease.
Take Legal Action Following a Mesothelioma Injury Today
If your loved one is the victim of mesothelioma, it is crucial to understand your legal options for pursuing a compensation claim to ensure your family receives the money they deserve. The mesothelioma injury attorneys at Rosenfeld Injury Lawyers (888-424-5757) accept all personal injury cases and wrongful death lawsuits through contingency fee arrangements. This agreement means that your payments are postponed until after we have successfully resolved your case for financial compensation.
We encourage you to contact our law offices today to schedule a free, initial consultation. Let our legal team determine if you have a case to hold those responsible financially accountable for your damages, injuries and illness.