Decatur Asbestos Mesothelioma Lawyer

People who become ill from asbestos usually were exposed to it on a regular basis, most often on the job, where they worked directly with the material, or through substantial environmental contact (such as near mines or shipping facilities).  However, there is evidence that family members of workers heavily exposed to asbestos face a second-hand increased risk, as a result of exposure to asbestos fibers brought into the home on the shoes, clothing, skin, and hair of workers.

Asbestos has been used in many industries.  Building and construction industries used it for strengthening cement and plastics, as well as for insulation, roofing, fireproofing, and sound absorption.  The shipbuilding industry used it to insulate boilers, steam pipes, and hot water pipes.  The automotive industry used it in brake shoes and clutch pads.  It was used in many old buildings and household appliances.  In short, it has been used in many products, including:

• Insulation
• Pipe coverings
• Fire proofing
• Adhesives
• Insulating cements
• Caulking material
• Soundproofing
• Shingles
• Drywall taping compounds
• Ductwork connectors
• Joint compounds
• Spackling
• Elevator brake shoes
• Flooring backing
• Old appliances
• Paints
• Fireproof textiles
• Chalk boards
• Some talc products
• Wallboard
• Brake pads
• Clutches
• Gaskets
• Valves

Workers and workplaces involved in the manufacture, installation, use, demolition or removal of any asbestos containing products may have been exposed to asbestos.  That obviously includes a lot of people, including:

• Electricians
• Miners
• Military personnel (especially Navy)
• Auto workers
• Drywall workers
• Engineers
• Factory workers
• Railroad workers
• Machinsits
• Pipefitters & Steamfitters
• Carpenters and Masons
• Textile workers
• Construction workers
• Demolition workers
• Firefighters
• Mechanics

Remember though, that, in some years, the second most common occupation among those dying of Mesothelioma and Asbestos Exposure has been homemaker/housewife.  This reminds us that families of workers are also extremely vulnerable to inadvertent asbestos exposure.

Over the years, the state of Illinois has had a wide range of industries in which asbestos was used.  These have included manufacturing, power generation, petroleum processing, and a lot of facilities that received shipments of asbestos contaminated materials from other states.  Many buildings throughout Illinois had asbestos used in their construction.  Illinois has ranked in the top 10 states for asbestos related diseases resulting in fatalities.

What kinds of companies might be legally responsible for my asbestos injury?

• Manufacturers of products
• Asbestos contractors
• Bankrupt former companies
• Raw asbestos fiber companies
• Building owners
• Mining companies
• Asbestos products suppliers
• Designers or engineers
• Employers in rare cases

There are a number of ways to receive compensation or recover damages from those responsible for the consequences of this dangerous product. The best approach will vary from case to case and sound recommendations can be made only after careful evaluation with an asbestos attorney in Decatur with knowledge about the impact of mesothelioma on a person’s life.  Some of the possibilities include:

• A personal injury claim — compensation is sought from responsible parties for the personal suffering and pain associated with the illness, which can occur from direct or secondhand exposure. Damages can also be sought for medical expenses, lost wages (including future income), travel expenses for treatment, etc.
• A wrongful death claim — the goal of this type of claim is to compensate the survivors and beneficiaries for their loss after a loved one’s asbestos related death.  Damages can be sought for medical bills, funeral expenses, lost income, counseling related to the death, legal advice, personal costs, other illness related services, and, in the case of spouses, for the loss of emotional support and comfort from the death of their spouse.
• Asbestos Bankruptcy Trust Funds — over the years, a number of companies that manufactured, distributed, sold, or used asbestos products and materials have either gone out of business, merged with other companies, or gone bankrupt, often directly related to the liability from their use of asbestos.  Even though such companies no longer exist, it may still be possible to receive compensation from asbestos trusts that they were required to establish.  There are over 60 such trusts with over $30 billion in funds that can be dispersed to those who meet the established criteria for compensation from the fund.
• Compensation for Veterans — retired military (especially those who served in the Navy, Merchant Marine, Coast Guard, and U.S. Army transport service) make up one of largest populations of people who were exposed to asbestos.  As a result, the VA has designated Mesothelioma and Asbestos Exposure as one of several diseases that qualify for disability benefits.  Of course, availability of benefits is dependent on meeting certain criteria.
• Workers’ Compensation — this is tricky in Illinois, since most disease doesn’t show up for a long time after exposure.  Under Illinois law, there are restrictions and limitations on claims against employers outside of the workers compensation process, and there are also strict time limitations on when these claims can be made.  Under rare circumstances, workers’ compensation can be obtained. And, the restrictions apply only to the employer.  Legal claims against all other parties, such as manufacturers, suppliers, etc. are permitted.

It’s important to know that most legal claims related to asbestos never go to court.  Over 90% are rapidly settled before ever going to trial.  This can save you from a stressful and costly process and a result in more rapid compensation.

Of course, the sooner you start the legal process, the sooner you may receive compensation to help with medical bills and other expenses.  Also, legal actions against responsible parties must be made within a limited time frame allowed by law (known as the statute of limitations).  It’s possible to lose legal rights by waiting too long to submit your claim.  In Illinois, personal injury and wrongful death claims must be made within two years. However, because of the long period of time between exposure and when asbestos caused diseases appear, courts have recognized that this two-year period generally starts when your diagnosis was made or at the death of your loved one, and when you also know or reasonably should know that the injury was caused by the wrongful acts of another.

Of course, every claim is different and no result can be guaranteed.  Each case has to be evaluated individually and the amounts of damages will depend on a wide variety of factors. Suffice it to say that asbestos-related disease is often devastating and so the compensation can be substantial.

These cases can be complicated and costly.  However, most attorneys will accept the case based on a contingency fee.  Payment of fees is contingent on the outcome of the case.  This means you pay no legal fees unless compensation is recovered in your case.  My initial consultation for these cases is always free.