admin2Mesothelioma is a type of cancer that develops in the lining that covers the outer surface of some of the body’s organs. It’s usually linked to asbestos exposure. It’s almost always caused by exposure to asbestos, a naturally occurring mineral used in hundreds of commercial and industrial applications until the 1970s.
Asbestos exposure often occurs on the job, especially in occupations like shipbuilding, construction, and mining. Tiny fibers of inhaled asbestos can get lodged in the lining of the lungs, abdomen, or heart, causing inflammation and cellular damage that may lead to mesothelioma decades later.
Do I Have a Mesothelioma Case Under Illinois Law?
To determine if you have a viable mesothelioma case under Illinois law, there are a few important factors to consider.
1. Diagnosis of Mesothelioma
To pursue legal action, you must have a diagnosis of mesothelioma from a licensed physician. Mesothelioma is a rare cancer caused almost exclusively by exposure to asbestos. With an official diagnosis, you can work with a mesothelioma lawyer to investigate the source of your asbestos exposure and determine who may be liable.
2. Time Limitations
Illinois has a statute of limitations laws regarding mesothelioma claims. In most cases, you have 2-5 years from the time of diagnosis to file a lawsuit. It’s important to start the legal process as soon as possible before time runs out. An experienced mesothelioma attorney can help determine exactly how much time remains for your specific case.
3. Strong Evidence
To have a viable case, there must be clear evidence that links your mesothelioma diagnosis to asbestos exposure caused by the negligence of companies that made, used, or handled asbestos products you came into contact with. Things like medical records, work records, product records, and eyewitness accounts can all be used as evidence to support your claim.
Decatur Mesothelioma Lawsuits – What Compensation Is Available?
1. Compensation in Personal Injury Lawsuits
The majority of mesothelioma claims are personal injury lawsuits filed against the companies that exposed you to asbestos. These claims allow you to recover damages like lost wages, medical bills, pain and suffering, and loss of consortium. In some cases, punitive damages may also be awarded to punish the defendant and deter future wrongdoing.
2. Asbestos Trust Fund Claims
Many companies that use asbestos have gone bankrupt. They set up asbestos trust funds to compensate victims. Filing a claim against one of these trusts is typically easier than a personal injury lawsuit. While the payouts may be lower, the process is more streamlined. You don’t have to prove liability and can recover compensation more quickly.
3. VA Benefits for Veterans
If you were exposed to asbestos during military service, you may be eligible for benefits through the Department of Veterans Affairs (VA). The VA offers disability compensation for service-related illnesses like mesothelioma. You can also get help with medical care, housing grants, and other benefits. Surviving family members of veterans may also qualify for death benefits and dependency indemnity compensation.
4. Workers’ Compensation Claims
For those exposed to asbestos on the job, workers’ compensation claims provide compensation without having to prove employer wrongdoing. However, there are deadlines for filing a claim, so it’s best to start the process as soon as possible following a diagnosis. While state laws vary, workers’ comp typically covers medical expenses and lost wages.
Decatur Mesothelioma Lawyer – How Can an Attorney Help With My Claim?
Rather than navigating the complex legal system on your own, an attorney can:
1. Handle the details
Filing a lawsuit requires attention to many details. A lawyer will handle tasks like determining which companies may be liable, collecting evidence to support your claim, and drafting the necessary legal documents. They can also negotiate with insurance companies on your behalf.
2. Determine the value of your claim
The compensation amount for a mesothelioma claim depends on factors like medical expenses, lost wages, pain and suffering, and the companies involved. An experienced lawyer can evaluate the details of your situation to determine a fair settlement amount. They have handled many similar cases and know the ranges of compensation.
3. Take the case to trial if needed
While many mesothelioma cases settle out of court, some require taking the case to trial. A lawyer will have the expertise to build a strong case by gathering testimony from medical experts and witnesses. They can present arguments to a judge and jury to maximize your compensation. Without legal counsel, taking on large corporations in court would be nearly impossible for someone with mesothelioma.
4. Provide advice and support
Receiving a mesothelioma diagnosis and pursuing a legal claim can be extremely difficult. A lawyer can provide guidance and support throughout the entire process. They can advise you on options for treatment, taking time off work, and coping strategies. Your lawyer acts as your advocate, fighting to obtain the justice and compensation you deserve.
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Conclusion
In summary, a Decatur mesothelioma lawyer has the knowledge and experience to properly handle your legal claim. While focusing on your health and well-being, rely on an attorney to manage the details of your case and work to obtain fair compensation from the companies responsible for your asbestos exposure.
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