Mesothelioma Claims in Illinois

Mesothelioma is cancer that affects the mesothelium, which is a protective lining that covers many of the body’s internal organs such as the lungs, heart, and abdomen. This cancer is almost always caused by exposure to asbestos. Mesothelioma has a long latency period, often developing 20 to 50 years after the initial asbestos exposure. There are three main types of mesothelioma:

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• Pleural mesothelioma: This is the most common form, impacting the lining of the lungs (known as the pleura). Common symptoms include shortness of breath, chest pain, and a persistent cough.
• Peritoneal mesothelioma: This type affects the lining of the abdominal cavity (known as the peritoneum). Common symptoms include abdominal pain, swelling, nausea, and bowel obstruction.
• Pericardial mesothelioma: This is the rarest type, impacting the lining around the heart (the pericardium). Symptoms include chest pain, chronic cough, night sweats, and trouble breathing.

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Asbestos is a known carcinogen responsible for causing mesothelioma. This natural mineral was heavily used in countless industries and commercial products between the 1930s and late 1970s due to its durability, fire resistance, and insulating abilities. However, asbestos is composed of tiny fibers that can become lodged in the lining of internal organs when inhaled or ingested. Over the years, the fibers accumulate and eventually, spark cellular changes that lead to malignant mesothelioma.

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Occupational asbestos exposure is the most common cause of mesothelioma cancer. Individuals in these high-risk jobs faced daily asbestos exposure that led to their disease later in life:

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• Construction workers
• Shipyard workers
• Power plant workers
• Manufacturing workers
• Industrial plant workers
• Miners
• Boilermakers
• Auto mechanics
• Electricians
• Plumbers
• Pipefitters

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Beyond occupational exposure, some individuals developed mesothelioma from secondary contact with asbestos fibers. Exposure may have occurred from:

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• Living with someone who worked with asbestos products
• Washing a worker's asbestos-contaminated clothes
• Renovation or repair work disrupting asbestos materials in a home or building
• Environmental asbestos near mines or mills

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If you or your loved one has been diagnosed with mesothelioma that is attributable to asbestos exposure, you have legal options for seeking compensation. Filing a mesothelioma lawsuit allows certain patients and families to recover compensation for their losses. Money cannot erase the damage done, but it can help cover costly cancer treatments and provide some financial security.

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To have a case, you must prove asbestos exposure directly led to your mesothelioma diagnosis. Experienced mesothelioma lawyers in Illinois can help investigate your exposure history through personnel records, work site records, testimony from coworkers, and more. They will work to pinpoint the negligent companies who put you in harm’s way and hold them legally accountable. Many recoveries come through settlements, avoiding the need for a trial.

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There are also mesothelioma trust funds set up by asbestos companies that went bankrupt. These trusts pay out billions to eligible claimants. A mesothelioma lawyer can help you strategically file claims with trusts where the company that exposed you has a fund.

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On average, mesothelioma lawsuit settlements range from $1 million to $2 million. However, compensation depends on the circumstances of each case. With an experienced lawyer, many patients see much higher recoveries. Don’t wait to pursue legal action, as statutes of limitations apply.

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Mesothelioma is not a single disease, but rather a category of cancers affecting the mesothelial tissue. There are three main types: pleural, peritoneal, and pericardial.

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• Pleural Mesothelioma: The most common type (75% of cases), pleural mesothelioma affects the lining of the lungs (pleura). This often causes symptoms like chest pain, shortness of breath, and a persistent cough.
• Peritoneal Mesothelioma: This type accounts for about 20% of cases and impacts the abdominal lining (peritoneum). Symptoms include abdominal swelling and pain, nausea, and bowel obstructions.
• Pericardial Mesothelioma: The rarest variety (5% of cases), pericardial mesothelioma affects the sac surrounding the heart. Chest pain, chronic coughing, and difficulty breathing are common symptoms.

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Cell types - Another differentiating factor in mesothelioma is the cell type. Around 50% of mesothelioma cases are epithelioid, which carries the best prognosis. 25% are sarcomatoid, the most aggressive type. The remainder are biphasic, a mix of epithelioid and sarcomatoid.

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Accurately diagnosing the type and cell variety of mesothelioma is important for determining prognosis and treatment options. An experienced mesothelioma doctor can help patients understand their unique disease.

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Treatment for mesothelioma depends on the stage of the cancer, cell type, tumor location, patient age, and other factors. Common treatments include:

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• Surgery - This may remove cancerous tissue from the lung, abdomen, or other affected areas. Depending on the type and stage, surgery can provide potentially curative treatment or improve prognosis.
• Chemotherapy - Using anti-cancer drugs to kill cancer cells and slow their growth. Combination chemo may be given before or after surgery.
• Radiation - High energy beams are used to shrink tumors and kill cancer cells. This can relieve pain and other symptoms.
• Multimodal Therapy - A combination of surgery, chemo, and radiation for a comprehensive treatment approach. This multidisciplinary care is often recommended.
• Clinical Trials - Research studies that test promising new treatments. Enrolling in a mesothelioma clinical trial provides access to experimental therapies.
• Palliative Care - Focuses on relieving pain, nausea, fatigue and other side effects of cancer treatments through medications, therapy, and other means. This improves quality of life.

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Discuss all treatment options with your doctor to determine the best-individualized care plan and be proactive about your health.

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Filing a mesothelioma lawsuit is complex, requiring extensive time, legal expertise, and financial resources. It’s critical to work with an experienced asbestos attorney to give your case the greatest chance of success. Here’s how a mesothelioma lawyer in Illinois can help:

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• Handle the legal process from start to finish - An attorney manages every aspect of your case so you can focus on your health.
• Investigate how and where you were exposed to asbestos - Lawyers work with medical experts to pinpoint when and how asbestos exposure occurred and identify all potentially liable companies.
• Determine all possible compensation sources - They explore every avenue, including asbestos trust funds, workers’ compensation, VA benefits, and personal injury lawsuits.
• Prove liability against manufacturers, distributors, contractors, employers, etc - Attorneys use litigation strategies to prove negligence and liability.
• File claims in a timely manner - Statutes of limitations apply, so mesothelioma lawyers act quickly to start the legal process.
• Negotiate favorable settlements - Experienced lawyers have a successful track record getting maximum compensation through settlements and jury awards if a trial is necessary.

Take time to research lawyers' credentials, case results, and client reviews so you can make the best choice when hiring legal representation. Braver Law offers free consultations with our mesothelioma lawyers in Illinois so you can ask all the questions you need to.

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There is no set formula for exactly how much your mesothelioma case may be worth. The final compensation depends on many unique factors related to your specific case. However, most mesothelioma settlements fall within a range of $1 million to $2 million on average. Jury verdicts resulting from a trial sometimes reach even higher numbers.

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An experienced mesothelioma lawyer in Illinois will evaluate your case details to provide a valuation estimate and develop a strategy for recovering full and fair compensation. Some of the factors that impact settlement and verdict amounts include:

Lost Earnings and Loss of Future Earning Capacity

• Your annual income before diagnosis
• Age at diagnosis
• Years you could have continued working
• Loss of benefits and retirement funds

Medical Expenses

• Costs of all past treatments related to mesothelioma
• Projected costs of future medical care and monitoring
• Out-of-pocket expenses and co-pays

Pain and Suffering

• Physical and emotional impacts of mesothelioma
• Diminished quality of life after diagnosis
• Pain associated with treatments and recovery
• Losses due to reduced life expectancy

Punitive Damages

• Punishments for the defendant’s negligence and misconduct
• Deterrents to prevent future wrongdoing
• Impact of asbestos exposure on your life

Your Lawyer’s Assessment

• Thorough review of your asbestos exposure history
• Defendant's role and liability for the asbestos exposure
• Strength of evidence in your case
• Experience securing verdicts and settlements in similar cases

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The exact value of your claim will depend on the details involved and negotiations with insurance companies, manufacturers, and other parties responsible for the asbestos exposure that led to your mesothelioma diagnosis.

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Because statutes of limitations apply to asbestos injury claims, it is crucial to take legal action promptly after a mesothelioma diagnosis. This will help ensure your claim is not denied because too much time has lapsed. Here are some important deadlines to keep in mind:

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• Date of First Exposure - The clock typically starts ticking from the date of first asbestos exposure. Courts strictly enforce this timeframe. Documenting your exposure history is critical.
• State Statutes of Limitations - Deadlines for filing personal injury lawsuits range from 1 to 6 years depending on the state. Your attorney will determine the specific statute that applies.
• Mesothelioma Latency Period - Because this cancer develops slowly over decades, courts often extend deadlines to account for the long latency period. Experienced attorneys leverage this.
• Claiming Against Asbestos Trusts - Each trust fund has its own rules on deadlines. Claims evaluators may allow for the extended latency period when reviewing claim forms.
• Filing Bankruptcy Trust Claims - Special exemptions apply for companies that entered bankruptcy due to asbestos liabilities. Trust claim deadlines can be more flexible.

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Always consult with a lawyer about the case-specific statutes and deadlines because the intricacies of asbestos litigation can provide exceptions. Don't assume you've missed your chance to pursue compensation. A mesothelioma lawyer in Illinois at Braver Law can evaluate your situation today for free. 

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In any personal injury lawsuit, the burden of proof falls on the plaintiff (the individual filing the claim) to prove liability and damages. This means showing:

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• You suffered harm due to the negligence of another party
• The named defendant had a duty to protect you from harm
• They breached this duty through carelessness or failure to warn
• As a direct result, you experienced illness and losses

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This burden of proof standard also applies in mesothelioma claims resulting from asbestos exposure. Specifically, your mesothelioma lawyer must prove:

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• You were exposed to asbestos that directly caused your cancer diagnosis
• The defendant was responsible for or aware of your asbestos exposure
• They knew or should have known the dangers of asbestos based on medical knowledge at the time
• Yet they negligently failed to protect you from harm

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Mesothelioma cases often name multiple defendants across many years of asbestos exposure. Your lawyer’s investigation builds the evidence needed to prove liability against several companies that contributed to your asbestos disease.

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With proof of how, when, and where you inhaled asbestos fibers, and evidence showing defendants’ wrongdoing, your mesothelioma attorney in Illinois can successfully establish liability and force fair settlements.

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You may be surprised by how many industries used asbestos heavily for decades and potentially exposed workers and families to the toxic carcinogen. Some of the most common culprits named in mesothelioma lawsuits include:

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• Manufacturers – Companies that produced raw asbestos or made products containing it, like insulation.
• Distributors – Businesses that supplied asbestos to job sites.
• Contractors – Construction companies that handled asbestos materials and exposed workers.
• Shipbuilders – Shipyards and marine vessel manufacturers used asbestos for insulation.
• Automotive – Asbestos was used in brake linings and gaskets for cars and trucks.
• Power Plants – These facilities used asbestos insulation on pipes, turbines, and boilers.
• Oil Refineries – Refineries utilized asbestos in equipment and construction materials.
• Chemical Plants – These industrial sites also incorporated asbestos into machinery.

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Identifying all the companies across your work history that potentially contributed to toxic exposures is key. Your mesothelioma lawyer in Illinois at Braver Law will research defendants and build a liability case. Don’t assume that too much time has passed to hold corporations accountable.

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Navigating the mesothelioma claims process requires legal expertise and experience. An attorney handles the complex steps, while you focus on your health and treatment. Here is an overview of the typical process:

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1. Case Evaluation – Your attorney will conduct a free case review to determine legal options. They will examine your asbestos exposure history and medical records.
2. Filing a Lawsuit – Once your lawyer establishes grounds for a claim, they will file a lawsuit in the appropriate court naming potentially liable defendants.
3. Litigation – This is the phase involving fact-finding, defendant discovery, building evidence, determining witnesses, etc. Your lawyer handles these aspects.
4. Settlement Negotiations – Many cases are resolved through out-of-court settlements, avoiding trial. Experienced lawyers negotiate aggressively on your behalf.
5. Trust Fund Claims – Your attorney will also file claims with appropriate asbestos trust funds on your behalf to supplement a settlement or court award.
6. Trial – If a resolution is not reached through settlement talks, your case may go to trial. Your lawyer litigates before a jury to recover a favorable verdict.
7. Case Resolution – Either by settlement or jury verdict, your lawyer recovers maximum compensation for you and your family. You receive these funds on a contingency fee basis.

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This is a complex legal process, but with an experienced mesothelioma law firm representing you, they handle most of the process for you so you can focus on your health, treatment, and loved ones during this difficult time.

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While no amount of money can make up for the suffering caused by mesothelioma, filing a lawsuit allows you to obtain compensation for your losses and hold negligent corporations accountable. With an experienced lawyer, you may recover:

Medical Expenses

• Past medical costs related to diagnosis and treatment
• Estimated future expenses for continued care as it progresses
• Clinical trial and experimental therapy costs
• Medical monitoring and tests for recurrence
• Medications, supplements, at-home nursing care
• Medical equipment, oxygen tanks, mobility devices
• Travel for treatment at specialized centers

Lost Income

• Past lost wages beginning at diagnosis
• Future earning capacity accounting for career advancement
• Benefits, pensions, social security, and retirement funds
• Caregiver wages if the family provided medical care

Pain and Suffering

• Physical pain and mental anguish
• Disfigurement and physical impairment
• Impact on quality of life and daily activities
• Losses and grief due to shortened life expectancy

Punitive Damages

• Financial penalties to deter future wrongdoing by liable companies
• Punishment for egregious conduct that caused harm

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Your specific compensation depends on your circumstances, but experienced mesothelioma attorneys have a proven record of recovering millions for clients. Do not lose hope if you were exposed decades ago. Compensation may still be available - contact the mesothelioma lawyers in Illinois at Braver Law.

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Mesothelioma trust funds provide another avenue for compensation for qualifying victims of asbestos exposure. When major asbestos companies declared bankruptcy, many set up trusts to continue paying claims. There are over 60 asbestos bankruptcy trusts holding over $30 billion.

How Trust Funds Work:

• Each trust is independently managed with unique rules and procedures. Experienced lawyers understand the intricacies.
• Eligibility is based on history of exposure to that company’s asbestos products. Work records help prove exposure.
• Trusts pay a percentage of the value of your claim. Payout averages 25-35% because trusts aim to conserve funds.
• Claims may be submitted separately or in conjunction with a lawsuit. Trusts pay independently of any court award.
• While companies assign their liabilities to trusts, this does not fully release them from accountability. You can still file claims.

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Asbestos trusts strive to compensate victims in a fair manner based on policies adopted during the bankruptcy proceedings. Because every case is different, speak to a lawyer about your options.

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Choosing the right lawyer is one of the most important decisions after a mesothelioma diagnosis. You need an attorney with extensive experience fighting for people harmed by asbestos exposure. Look for a firm that:

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• Focuses solely on asbestos injury cases - This specialty ensures the skill and knowledge needed to successfully handle your case. Avoid general personal injury firms.
• Has a long track record with mesothelioma cases - Look for decades of experience litigating these complex cases and delivering results for clients and families.
• Pursues claims aggressively but compassionately - At such a difficult time, you need dedicated yet caring lawyers who put clients first and understand the challenges you face.
• Has substantial resources to take on large companies - Make sure the firm has the financial means and legal talent to stand up to powerful asbestos interests and corporations.
• Keeps up with the latest litigation strategies and trust fund processes - Asbestos law is always evolving, so successful firms stay constantly informed about new developments.
• Offers services nationwide - Many companies crossed state lines, so choose a firm that can file lawsuits, pursue trust funds, and represent you regardless of where exposures occurred.

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Take time to research a firm’s credentials, case results, client reviews, types of cases handled, and their commitment to mesothelioma patients. This will give you confidence they have the skills and experience to handle your case successfully. Don’t hesitate - contact Braver Law to speak with our mesothelioma lawyers in Illinois about your case for free.

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No two mesothelioma claims are alike. Many unique factors affect the potential value and compensation for your case. While averages are around $1 to $2 million, with the help of an accomplished lawyer, recoveries often exceed averages by wide margins. Elements impacting case value include:

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• Defendants involved and extent of liability - Were manufacturers, distributors, or large corporations negligent? Strong liability evidence drives up value.
• Total asbestos exposure history - Higher exposure levels generally mean higher value. Workplace exposure yields larger claims than secondary exposure.
• Defendants’ resources to pay claims - Recovery potential increases if defendants have significant assets and insurance coverage remaining to satisfy claims.
• Jurisdiction where the lawsuit is filed - Some states are more favorable for plaintiffs. Your lawyer knows the best jurisdictions.
• Quality of medical evidence proving asbestos causation - Solid medical documentation linking asbestos to your cancer provides leverage.
• Your age and lost earning potential - Younger plaintiffs have more years of lost income, which increases value.
• Suffering and impact on your family - Trials consider pain, grief and effects on your loved ones when determining damages.
• Skill and reputation of your mesothelioma law firm - Experienced lawyers maximize recovery potential. Their track record commands higher settlements.

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Rather than accept an average settlement, work with a top mesothelioma law firm like Braver Law to develop a strategy built around the unique aspects of your case and secure the maximum compensation you deserve.

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