Any type of cancer diagnosis is a terrifying and life-altering moment. Mesothelioma can be an especially difficult type of cancer to have, with its aggressive nature. Due to its environmental causes, there is potential for a legal path forward to claim damages and aid in the aftermath. If you or a loved one is facing a mesothelioma diagnosis, a Belvidere mesothelioma lawyer can help secure compensation and file a mesothelioma claim that could make a difference in this trying time.
At Franks Gerkin Ponitz & Greeley, we’ve spent years helping the northern Illinois community in their mesothelioma cases. Based out of Marengo, we’ve helped Belvidere’s neighbors in Dekalb, Winnebago, Lake, and Kane counties. We are prepared to fight for you and guide you through the legal process to obtain fair compensation.
Mesothelioma is a type of cancer that affects the lungs caused by the inhalation of asbestos particles. The particles can coat the mesothelium, a layer of tissue that lines the lungs, and where the cancer gets its name. In 2021, 2,803 cases were reported nationwide, with 114 cases in Illinois.
The initial symptoms of mesothelioma can seem innocuous, such as dry cough, shortness of breath, and chest pain. Many people believe it is simply some other, minor infection and don’t seek medical attention until it’s too late. In addition, the symptoms have a delayed result from asbestos exposure. Mesothelioma can take many years to show itself.
Asbestos may have seen a decrease in use, but any exposure in an older building or workplace can result in the disease. It is a serious, often fatal disease.
Understanding what goes into a mesothelioma claim can make a huge difference in the case’s results. Figuring out where and when the exposure to asbestos first occurred will be key in the case.
Mesothelioma claims tend to fall under personal injury law. A personal injury claim can be a difficult undertaking, but rewarding in recovering losses caused by the cancer. The cases involve proving that an employer, manufacturer, or outside source was engaged in negligence that caused the cancer.
A vast majority of personal injury cases settle before going to trial. These settlements can help pay back the damages inflicted upon you. The following are a few examples of damages for which you can obtain monetary compensation:
Proving where you or your loved one was exposed to asbestos can be a time-consuming, difficult task to do alone. If you want to seek damages in a personal injury claim, then you may want to hire a mesothelioma lawyer.
A Belvidere mesothelioma attorney can help you investigate building records to determine at what point the asbestos exposure occurred. Their experience can be crucial in knowing which party to file your mesothelioma claim against.
There is a good chance that the negligent owner of the property that caused the cancer will have their own legal representation. It could be a rental agency or a former employer with large-scale operations. Whoever the defendant is, a mesothelioma attorney can take over the investigation and litigation.
When you hire a mesothelioma lawyer, you likely will pay nothing upfront, as they typically work on a contingency basis. When the case is won or a settlement is reached, a percentage will go to your personal injury attorney. In other instances, legal representation may charge hourly or require additional charges. The details of how much your mesothelioma lawyer will cost vary greatly, and you can discuss pricing in a consultation.
The amount received during damages or a settlement depends entirely on the details of the case and the skill of the lawyer you choose to represent you. A vast majority of mesothelioma claims settle before reaching court. Factors that can affect the amount of the settlement are the stage of mesothelioma, the degree of negligence involved, the amount of lost wages, the medical bills accrued, and the pain and suffering experienced.
To file a personal injury claim in Belvidere, you first must get an official mesothelioma diagnosis. You then must find the place in which you were exposed to asbestos. The person who qualifies as the defendant is the party responsible for the asbestos exposure. Common qualifying plaintiffs include construction workers, veterans, and former factory employees.
Yes. Often, the person themselves, afflicted with mesothelioma, may want to focus on recovery rather than fighting a legal battle. Illinois allows family members to file personal injury claims on behalf of others. In the case of mesothelioma deaths, this is the only option. The statute of limitations for a wrongful death claim is two years after the death occurs.
The legal team at Franks Gerkin Ponitz & Greeley wants to hear your story and is ready to fight your case. Our team has decades of experience between us, and we know what it takes to be successful with a mesothelioma case. Mesothelioma is terrifying, but the legal process to obtain compensation doesn’t have to be. Contact us today or visit our Marengo offices—located on East Grant Highway, right down the street from the Marengo-Union Library.