Statue of Limitation on Mesothelioma Cases in Illinois: What You Need to Know

Introduction

Welcome to our guide on the statue of limitation on mesothelioma cases in Illinois. If you or a loved one has been diagnosed with mesothelioma, it can be an overwhelming time, and understanding the legal aspects can be complicated. We’re here to help you navigate the process and provide you with the information you need.

Mesothelioma is a rare and aggressive form of cancer caused by exposure to asbestos. It can take decades for symptoms to appear, and unfortunately, there is no cure for mesothelioma. If you or a loved one is suffering from mesothelioma, you may be eligible for compensation.

In this guide, we’ll explain the statue of limitation for mesothelioma cases in Illinois, including how long you have to file a lawsuit, and what factors can impact your case. We’ll also answer some frequently asked questions and provide you with resources to help you find an experienced mesothelioma attorney.

Statue of Limitation on Mesothelioma Cases in Illinois: Explained

What is Statue of Limitation?

Statute of limitation refers to the amount of time you have to file a lawsuit after an injury or illness is discovered. In Illinois, the statue of limitation for mesothelioma cases is generally two years from the date of diagnosis or death.

How is it Calculated?

The statue of limitation clock starts ticking from the date of diagnosis or death, whichever is earlier. If you don’t file a lawsuit within two years, you may lose your right to seek compensation. However, there are some exceptions to this rule.

Exceptions to the Statue of Limitation

There are a few exceptions to the statue of limitation for mesothelioma cases in Illinois. They include:

Exception	Explanation
Discovery Rule	If the patient can prove that they didn’t discover their mesothelioma until later, the statue of limitation clock may start ticking from the date of discovery.
Tolling	If the patient is a minor, mentally ill, or incarcerated, the statue of limitation clock may be put on hold until they are released or declared fit to pursue legal action.
Bankruptcy Trusts	If the company responsible for the asbestos exposure has declared bankruptcy and set up a trust fund, patients may be able to seek compensation from the trust outside of the lawsuit.

Factors That Can Impact Your Case

There are several factors that can impact your mesothelioma case in Illinois, including:

• The type and severity of your mesothelioma
• The extent of your exposure to asbestos
• The defendant’s liability
• The evidence available
• The attorney you choose to represent you

Frequently Asked Questions

Q1: What is Mesothelioma?

A: Mesothelioma is a rare and aggressive form of cancer caused by exposure to asbestos. It affects the lining of the lungs, heart, or abdomen, and symptoms can take decades to appear.

Q2: How do I know if I have Mesothelioma?

A: If you have a history of asbestos exposure and are experiencing symptoms such as chest pain, difficulty breathing, and fatigue, you should see a doctor for an evaluation. A biopsy will determine if you have mesothelioma.

Q3: How long do I have to file a lawsuit in Illinois?

A: Generally, you have two years from the date of diagnosis or death to file a mesothelioma lawsuit in Illinois.

Q4: Can I still file a lawsuit if the company responsible for my asbestos exposure is no longer in business?

A: Yes, you may still be able to file a lawsuit if the company has gone out of business. An experienced mesothelioma attorney can help you identify other potentially liable parties.

Q5: How much compensation can I receive for my mesothelioma case?

A: The amount of compensation you can receive depends on several factors, including the severity of your illness, your medical expenses, and the defendant’s liability. An experienced mesothelioma attorney can help you estimate your potential compensation.

Q6: Do I have to go to court for my mesothelioma case?

A: It’s possible that your case may be settled out of court. However, if the defendant refuses to offer a fair settlement, your case may go to trial.

Q7: How do I find an experienced mesothelioma attorney in Illinois?

A: You can start by researching mesothelioma attorneys online and reading reviews from previous clients. Additionally, you may want to ask for referrals from people you know who have gone through a mesothelioma case.

Conclusion

If you or a loved one has been diagnosed with mesothelioma, it’s important to understand the legal aspects of seeking compensation. The statute of limitation for mesothelioma cases in Illinois is generally two years from the date of diagnosis or death, but there are exceptions. An experienced mesothelioma attorney can help you navigate the process and fight for the compensation you deserve.

Don’t wait to take action. Contact an attorney today to explore your options.

Disclaimer

This content is for informational purposes only and should not be construed as legal advice. Contact an attorney for legal guidance specific to your case.