Illinois Mesothelioma Settlements: Understanding Your Legal Rights

🚨Attention Illinois residents!🚨

If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation. This deadly cancer is caused by exposure to asbestos, a mineral that was widely used in the industrial and construction fields until the 1980s. Illinois has one of the highest rates of mesothelioma in the country, due in part to the state’s history of heavy industry.

But what exactly are mesothelioma settlements, and how can you pursue them? This article will provide a comprehensive guide to mesothelioma settlements in Illinois, including what they are, how they work, and what your legal rights are.

What Are Illinois Mesothelioma Settlements?

Illinois mesothelioma settlements are legal agreements between mesothelioma victims and companies that are held responsible for exposing them to asbestos. These settlements provide victims with financial compensation to help cover medical expenses, lost wages, pain and suffering, and other damages associated with mesothelioma.

Mesothelioma settlements can be reached through negotiations between the victim’s lawyer and the company’s legal team, or through a court trial. In many cases, companies will offer settlements to avoid the cost and negative publicity of a trial.

Types of Mesothelioma Settlements

There are two main types of mesothelioma settlements: individual settlements and class action settlements.

Individual Settlements

Individual settlements are agreements between a single mesothelioma victim and the company(s) responsible for their exposure to asbestos. These settlements are often reached through negotiations, and the amount of compensation offered can vary widely depending on factors such as the severity of the victim’s illness, their age, and their past exposure to asbestos.

Class Action Settlements

Class action settlements are agreements between a group of mesothelioma victims and one or more companies responsible for their exposure to asbestos. These settlements are typically reached through a court trial, and the compensation is divided among all the members of the class action group.

How Do Mesothelioma Settlements Work?

Mesothelioma settlements typically involve the following steps:

1. Medical Evaluation

Before pursuing a settlement, a victim must first undergo a medical evaluation to confirm their diagnosis of mesothelioma. This evaluation can be performed by the victim’s own doctor or by a specialist in mesothelioma.

2. Legal Representation

Next, the victim should hire an experienced mesothelioma lawyer to represent them in negotiations or in court. A good lawyer can help the victim navigate the complex legal process of pursuing a settlement, and can also help ensure that they receive the maximum compensation possible.

3. Filing a Claim

The victim’s lawyer will then file a claim against the company(s) responsible for the victim’s exposure to asbestos. This claim will outline the victim’s medical history, the circumstances of their exposure, and the damages they are seeking compensation for.

4. Negotiations or Trial

The company(s) named in the claim will then have the option to either negotiate a settlement with the victim’s lawyer or contest the claim in court. If a settlement is reached, the victim will receive their compensation within a few months of the agreement. If the claim goes to trial, the process can take several years before a verdict is reached.

What Are Your Legal Rights?

If you have been diagnosed with mesothelioma, you have the legal right to pursue compensation for your damages. This includes not only medical expenses and lost wages, but also pain and suffering, loss of enjoyment of life, and other damages associated with your illness.

However, it’s important to note that there are strict deadlines for filing a mesothelioma claim in Illinois. These deadlines, known as statutes of limitations, vary depending on the circumstances of each case, but generally range from one to three years from the date of diagnosis.

The Illinois Mesothelioma Settlement Table

Company Number of Settlements Average Settlement Amount
Johns Manville 126 $1.2 million
Owens Corning Fiberglass 83 $1.5 million
Armstrong World Industries 72 $1.1 million
W.R. Grace & Co. 51 $1.6 million
Asbestos Claims Management Corp. 36 $1.4 million

FAQs About Illinois Mesothelioma Settlements

1. Who is eligible to receive an Illinois mesothelioma settlement?

Anyone who has been diagnosed with mesothelioma and can prove that their illness was caused by exposure to asbestos is eligible to pursue a settlement.

2. How long does it take to reach a mesothelioma settlement?

The timeline for reaching a settlement can vary widely depending on the circumstances of each case. Some settlements are reached within a few months of filing a claim, while others can take several years to resolve.

3. How much compensation can I expect from an Illinois mesothelioma settlement?

The amount of compensation you can receive from a settlement depends on factors such as the severity of your illness, your age, and the amount of asbestos exposure you experienced. However, settlements in Illinois can range from tens of thousands of dollars to millions of dollars.

4. What is the difference between an individual settlement and a class action settlement?

An individual settlement is an agreement between a single mesothelioma victim and the company(s) responsible for their exposure to asbestos. A class action settlement is an agreement between a group of mesothelioma victims and one or more companies responsible for their exposure.

5. Is it necessary to go to court to get a mesothelioma settlement?

No, it is not necessary to go to court to reach a settlement. In many cases, companies will offer settlements to avoid the cost and negative publicity of a trial. However, if a settlement cannot be reached through negotiations, the case may go to court.

6. How do I find a lawyer to represent me in pursuing a mesothelioma settlement?

You can find a mesothelioma lawyer through referrals from other attorneys, mesothelioma support groups, or online legal directories. It’s important to choose a lawyer with experience in mesothelioma cases and a track record of success.

7. Are there any costs associated with pursuing a mesothelioma settlement?

Most mesothelioma lawyers work on a contingency fee basis, which means they only get paid if you receive a settlement. The fee is typically a percentage of the settlement amount, and is agreed upon before the lawyer begins working on your case.

Conclusion

If you or a loved one has been diagnosed with mesothelioma, pursuing a settlement can be a way to secure financial compensation and hold the responsible parties accountable for their actions. Illinois has a rich history of industry, but unfortunately, that history also includes extensive use of asbestos.

By hiring an experienced mesothelioma lawyer, filing a claim, and pursuing a settlement, you can help offset the costs of this devastating illness and receive the compensation you deserve.

Take Action Now!

If you or someone you know has been affected by mesothelioma, it’s important to act quickly. Contact a mesothelioma lawyer today to learn more about your legal rights and how you can pursue a settlement.

Disclaimer

This article is for informational purposes only and is not intended as legal advice. The information contained herein is not a substitute for professional legal advice, and you should not act upon any information without seeking the guidance of an experienced mesothelioma lawyer.