Kane County Mesothelioma Attorenys
Mesothelioma is an aggressive form of cancer that is caused by exposure to asbestos. When this happens, it can affect the lining of the lungs, abdomen, or heart. In some cases, this can cause life-threatening health complications. Because of the danger asbestos exposure has presented to many mesothelioma victims, there are many different legal avenues to explore. This should be done with the assistance of experienced Kane County mesothelioma lawyers.
At Franks Gerkin Ponitz & Greeley, we have spent years demonstrating our commitment to advocating for those who have been diagnosed with mesothelioma. We have seen the devastation this has caused individuals and their loved ones up close. It’s why we work tirelessly as asbestos attorneys to help identify the source of your exposure and gather any evidence necessary to show you are entitled to certain forms of compensation for your illness.
What Is the Most Compelling Evidence in Mesothelioma Cases?
The success of a mesothelioma case will depend on how well an attorney is able to make the case that the illness was directly caused by asbestos exposure. Because the latency period for malignant mesothelioma can be between 33 and 40 years, gathering the necessary evidence to make your case clear to the court can take a while.
Some of the most common pieces of evidence include:
Medical Records and Diagnosis
A medical diagnosis is one of the most important factors in mesothelioma cases. You will need to provide detailed records to show that you are indeed suffering from this illness rather than another form of cancer or lung disease that has similar symptoms. A pathology report will be one of the most useful pieces of medical evidence, as it will show the results of any biopsy or test performed that specifically shows mesothelioma cells in play.
Employment History
There has been a historic pattern between where someone has worked and their ability to contract mesothelioma through asbestos exposure. The most common injuries where this has been applicable include construction, shipbuilding, and manufacturing. These are areas where asbestos was a common material used as insulation or within other building materials.
If your attorney can show that their client worked at a job where asbestos was allowed at the time, this alone can help demonstrate the cause of their illness. Testimonies from previous co-workers who also worked at the same job site can help support this claim in Kane County, IL.
Product Identification and Use
A lot of mesothelioma cases involve product liability claims that have been used against manufacturers who use asbestos in their products. To successfully move forward with a claim like this, you will need to identify the specific products that caused the exposure. Product labels and packaging are a good place to look first. If a victim is able to remember the name of the brand, an attorney can help find records of these products as a piece of evidence.
In some cases, asbestos attorneys can also obtain purchase orders from companies that buy asbestos-containing materials. Once this has been obtained, an attorney can connect that specific product to any material that was either used by their client at work or placed in their home and has been causing exposure for years.
Corporate Knowledge of Asbestos Dangers
If there is proof that the companies responsible for the victim’s asbestos exposure were aware of the dangers but still allowed their employees to be exposed, this can help support your case. In some cases, companies had internal reports acknowledging their understanding of the risks but still choosing not to act. If this can be shown in court, it will help your case by placing blame on executives who did not act in the interest of your health or safety.
FAQs About Kane County, IL Mesothelioma Law
Can Family Members of Mesothelioma Victims File a Claim?
Yes, family members of a mesothelioma victim are able to file claims in a number of different circumstances. For example, if their loved one passes away from the illness, their family members have the right to pursue a wrongful death claim in an attempt to tie the exposure to their death. In addition, any family members who experienced secondary asbestos exposure, like a loved one bringing it home through their clothes, can also file a claim.
What Types of Compensation Are Available in Mesothelioma Cases?
Many types of compensation are available in mesothelioma cases. The largest area is medical expenses, which can include the cost of any necessary surgeries, treatments, or hospital stays required to deal with the effects of asbestos exposure. In addition to physical complications, a victim could also request compensation for pain and suffering, such as if they developed extreme depression from the illness.
How Do I Know If My Workplace or Home Contained Asbestos?
To determine if your workplace or home contains asbestos, you will need to conduct an investigation with your attorney to look at various historical records and conduct new tests. Many buildings that were constructed before the 1980s used asbestos in materials like insulation or ceiling tiles. Conducting a professional asbestos inspection can help test the air quality and materials in a building to see if they can detect any asbestos fibers.
Can Mesothelioma Cases Be Settled Out of Court?
Yes, there are many instances where mesothelioma cases can be settled outside of court before they reach trial. It’s not uncommon for defendants like employers or asbestos product makers to offer a settlement to try and avoid the costs and risks of a lengthy court battle. This can provide a plaintiff with a quicker form of compensation. It’s up to the victim to decide if this is satisfactory or if they would prefer to advance the case to court to obtain a larger reward.
Contact Franks Gerkin Ponitz & Greeley Today
If you have been diagnosed with mesothelioma or suspect that you have been exposed to asbestos in the past, connect with our attorneys today. We have a particular passion for these cases, as we empathize with those who were exposed to asbestos for years through no fault of their own. We would be honored to take on your case and help you earn the compensation that is rightfully yours. Contact us today to begin the process.
