Mesothelioma is the most commonly diagnosed form of malignant lung cancer in the United States, and many diagnoses are the results of exposure to asbestos. For many years, asbestos was used in construction as a fireproofing agent, but those who used it did not realize that asbestos fibers can very easily embed in the lungs, eventually turning into extremely aggressive lung cancer.
Representing Mesothelioma Claims in Winnebago County
Over the past several decades since the dangers of asbestos have been revealed, millions of Americans afflicted by mesothelioma realized that their cancers resulted from exposure to asbestos. If you or a loved one has recently been diagnosed with mesothelioma, you could have grounds for legal action depending on how, where, and why you contracted the disease. If another party is responsible for your diagnosis, you could have grounds for a personal injury claim against them.
Franks Gerkin Ponitz Greeley is a team of experienced attorneys serving clients in Winnebago County and surrounding areas of Illinois, and we have assisted many clients with mesothelioma claims throughout the years of our firm’s operation. We know the struggles these individuals face and the uncertainty often involved in establishing liability. If you are unsure whether you have grounds for legal action. A Winnebago mesothelioma attorney is the ideal resource to consult.
Understanding Mesothelioma Diagnosis and Symptoms
Any form of lung cancer can be incredibly disruptive, and people who develop malignant lung cancers typically benefit most from early detection and beginning appropriate treatments as soon as their diagnoses are confirmed. One of the worst aspects of mesothelioma, aside from its certainty to result in death, is the fact that it can remain completely undetected and asymptomatic for years. Once symptoms do appear to a noticeable degree, the condition is often too far advanced for recovery to be possible. A doctor treating a patient in this condition is likely to suggest symptom management and pain mitigation if the disease is too advanced for remission to be possible.
Symptoms of mesothelioma mirror those of other forms of lung cancer and severe respiratory conditions like emphysema. Many people who begin experiencing mesothelioma symptoms report persistent coughing, chest pain, shortness of breath, and other forms of respiratory distress. Some people with mesothelioma at first believe they have a respiratory infection or some other transitory illness, only to be heartbroken to discover they have malignant and fatal lung cancer.
Proving Injury Liability for Your Mesothelioma Diagnosis
The first step in any personal injury claim is identifying the party responsible for the injury and proving their actions directly caused it. When it comes to mesothelioma claims, this can be very challenging. Liability could be unclear, or the victim may not know exactly how they developed the disease. An experienced Winnebago mesothelioma attorney can help their client review the details of their job duties, their work environments, and the materials they were required to use for work. While there have been many concentrated efforts to remove asbestos or contain it, many older buildings throughout the country may still have asbestos insulation. It is also possible to contract mesothelioma from other substances.
The team at Franks Gerkin Ponitz Greeley has the professional resources and experience necessary to help a client prove how they contracted mesothelioma. It’s relatively common for a single person’s mesothelioma diagnosis to be the result of multiple parties’ actions. A few of the possible defendants you might face in a mesothelioma case include:
- Mining companies that fail to address asbestos-related risks facing their workers. Fireproofing is an essential concern for almost every commercial mining enterprise, but the company leaders responsible for managing these operations must use approved safety measures. If they must use asbestos or asbestos-related products, they are required to follow all applicable safety guidelines or risk liability for employees’ mesothelioma diagnosis.
- Manufacturers that produce asbestos and products made with asbestos. Any company that produces such products must follow very strict regulations. Failure to do so can lead to criminal penalties in addition to civil claims from all those affected by their products.
- Employers that use products containing asbestos. Any employer who uses asbestos products may only do so if there is no other alternative, and virtually every type of asbestos product still in use today can potentially pose a serious health risk.
- Property owners of structures contaminated with asbestos. A property owner has a legal duty to prevent foreseeable injuries to lawful visitors. If a property owner knows about asbestos contamination in their property but does nothing to address it, they are very likely to face liability for future mesothelioma claims.
Many people who develop mesothelioma must think carefully about the place they work, previous workplaces, and any other variables that might indicate how and when they developed mesothelioma. Unfortunately, one of the most difficult aspects of most mesothelioma cases is the fact that symptoms can take 10 to more than 50 years to appear. It’s possible that you were exposed to asbestos years ago and only recently noticed symptoms. In this situation, you will need an experienced Winnebago mesothelioma attorney to help you determine the most likely source of the condition and what you can do about it.
Companies that knowingly conduct business using contaminated facilities, knowingly use asbestos products without appropriate safety measures, or neglect to follow applicable health and safety laws pertaining to asbestos can face a host of penalties. They could face fines from the government along with civil liability for victims’ damages. Additionally, once a plaintiff with a mesothelioma claim has proven the source of their exposure and the case gains any level of public attention, it is very likely for other people to recognize they were exposed to the same or similar hazard. Any company that knowingly fails to address asbestos-related risks faces a wide range of penalties.
Potential Compensation for a Mesothelioma Case
Illinois law enables a plaintiff in a personal injury case to seek repayment of the economic losses suffered due to the defendant’s actions. Once your Winnebago mesothelioma attorney has identified the defendant responsible for your diagnosis, the next phase of your case will be proving the full scope of the damages you suffered. Any mesothelioma case is a type of catastrophic injury case. Mesothelioma is a disabling and malignant cancer.
While it is possible for mesothelioma to go into remission, it is an incurable and fatal disease. The victim and their family are likely to face a host of economic strains as they cope with the diagnosis, but ultimately the disease will claim the victim’s life. It’s possible for a mesothelioma case in Winnebago County to fall under the purview of personal injury if the victim is still alive. However, if you lost a loved one due to mesothelioma, you likely have grounds for a wrongful death action against the party responsible for the deceased’s condition.
A plaintiff in a mesothelioma case will likely require ongoing intensive medical treatment. They may need to travel to see specialists, and they may also require in-home medical care to manage symptoms. When a victim is dying of mesothelioma, their family might face palliative care costs, funeral expenses, and a host of other economic effects due to losing the financial support provided by the victim.
Illinois law also enables a plaintiff in a personal injury case to recover pain and suffering compensation. For a serious and fatal condition like mesothelioma, this could form the majority of a plaintiff’s total compensation. For the best chance of making the strongest case possible for pain and suffering compensation, it’s vital to have an attorney you can trust handling your case.
What to Expect From Your Winnebago Mesothelioma Attorney
The right legal team can provide reassurance when you need it most during a very difficult time for your family. Whether you are pursuing legal action on your own behalf after a mesothelioma diagnosis or you are taking legal action for a family member, your attorney can provide individualized counsel and support so you can make informed decisions about the direction of your case.
One of the biggest challenges facing any plaintiff in a mesothelioma case is proving exactly how they contracted the disease. This process could involve a careful review of the victim’s workplaces in the past, places they previously lived, and any specific incidents they believe may have exposed them to asbestos or products containing asbestos. Franks Gerkin Ponitz Greeley has extensive professional experience with these complex claims, and our team is prepared to conduct whatever research and fact-finding may be necessary to prove the truth behind your diagnosis.
Franks Gerkin Ponitz Greeley believes in completely client-focused legal representation. There are no two mesothelioma cases that are exactly alike, and no two plaintiffs will have the same experience in their recovery efforts. Regardless of the details of your claim or whether you’re pursuing legal recourse on your own behalf, it is essential to have legal counsel you can trust through all phases of your case. Contact Franks Gerkin Ponitz Greeley today and schedule your consultation with a Winnebago mesothelioma attorney. Our team will evaluate the details of your case and let you know how we can assist you with your legal efforts.
