How to File a Mesothelioma Claim in Illinois

Understanding how to file a mesothelioma claim starts with knowing your legal rights and the steps involved in holding asbestos companies accountable for their actions.

Filing a mesothelioma claim in Illinois is a legal step many families take after a diagnosis tied to asbestos exposure. Whether the exposure happened decades ago in the workplace, military service, or through asbestos-containing products, Illinois law provides options to seek compensation. 

These claims can cover medical bills, lost wages, and other expenses caused by the illness. If a loved one has passed, a wrongful death claim may be appropriate. 

What is Mesothelioma?

Mesothelioma is a rare and aggressive form of cancer that develops in the thin layer of tissue surrounding the lungs, abdomen, heart, or testes. Its only known cause is exposure to asbestos—a naturally occurring mineral once widely used in construction, industrial, and household products. The disease can take decades to develop after initial exposure, which makes diagnosis difficult and often delayed.

Because of its severity and link to asbestos, mesothelioma is frequently the subject of legal claims aimed at securing compensation for medical expenses, lost income, and pain and suffering from companies responsible for the exposure.

Types of Mesothelioma

Mesothelioma occurs in several forms, depending on where the cancer develops. The most common type is pleural mesothelioma, which affects the lining around the lungs. Peritoneal mesothelioma arises in the lining of the abdomen and is the second most common form. Pericardial mesothelioma affects the lining around the heart and is extremely rare, as is testicular mesothelioma, which develops around the testicles.

Each type presents its own symptoms and treatment challenges but shares the same root cause—exposure to asbestos fibers, typically inhaled or ingested over time.

The Link Between Asbestos and Mesothelioma

Medical research has firmly established a causal link between asbestos and mesothelioma. When asbestos fibers are inhaled or ingested, they can lodge in the body’s tissue, causing inflammation and cellular damage. Over the years or even decades, this can lead to the development of mesothelioma.

The disease most often affects workers who handled asbestos-containing materials, but family members can also be at risk through secondhand exposure. Despite the known dangers, many companies failed to warn or protect workers, leading to thousands of preventable mesothelioma cases and subsequent legal claims.

Common Sources of Asbestos Exposure in Illinois

Illinois workers in several industries faced high levels of asbestos exposure throughout the 20th century. Common sources included construction sites, shipyards, power plants, steel mills, and manufacturing facilities. 

Occupations such as pipefitters, electricians, boiler workers, and mechanics were especially at risk. In cities like Chicago, older buildings often contained asbestos insulation, floor tiles, and roofing materials. Many veterans also experienced exposure at military bases or through naval ship work.

These environments made it likely that individuals unknowingly inhaled asbestos fibers, increasing their risk for developing mesothelioma years later.

Legal Options for Mesothelioma Victims in Illinois

Mesothelioma victims in Illinois have several legal options for seeking compensation. A personal injury claim allows individuals diagnosed with mesothelioma to hold the companies responsible for their asbestos exposure accountable. If the victim has passed away, surviving family members may file a wrongful death lawsuit for damages such as lost income and companionship. 

Many former asbestos companies have filed for bankruptcy and created asbestos trust funds, which compensate victims without the need for a whole lawsuit. In some cases, workers’ compensation claims may be available if recent exposure occurred on the job and the employer is not bankrupt.

Choosing the right legal path depends on factors like exposure history, liable parties, and the time since diagnosis. An experienced attorney can help evaluate the best course of action.

Personal Injury Lawsuits

A personal injury lawsuit allows individuals diagnosed with mesothelioma to take legal action against companies responsible for their asbestos exposure. These lawsuits are based on proving that the company failed to warn or protect workers from the dangers of asbestos.

A successful claim can lead to compensation for medical expenses, lost wages, pain and suffering, and ongoing care. Because mesothelioma often develops decades after exposure, Illinois law allows victims to file suit once they are diagnosed, even if the exposure happened many years ago.

Wrongful Death Lawsuits

If a loved one has passed away from mesothelioma, surviving family members may be able to file a wrongful death lawsuit. This legal action seeks compensation for the losses suffered by the family, such as lost financial support, funeral expenses, and emotional pain. Wrongful death claims are often filed by the deceased’s spouse or children, but other relatives may be eligible depending on the circumstances.

These lawsuits are time-sensitive under Illinois law, so it’s essential to act quickly to protect the family’s right to compensation.

Asbestos Trust Fund Claims

Many companies that used asbestos have filed for bankruptcy and, as a result, established asbestos trust funds to compensate victims. These funds were set up specifically for individuals who were harmed by asbestos exposure linked to these companies. Filing an asbestos trust fund claim involves submitting medical records, exposure history, and other documentation to support the claim.

Because these are civil claims and not lawsuits, the process is generally faster, but the compensation amount may be lower. Trust fund claims can be filed alongside lawsuits in many cases.

Workers’ Compensation Claims

In limited cases, mesothelioma victims may be eligible to file a workers’ compensation claim in Illinois. This usually applies only when the employer is still operating and directly responsible for recent asbestos exposure. Workers’ comp can provide medical coverage and partial wage replacement, but typically does not include compensation for pain and suffering.

Importantly, under Illinois law, you cannot file both a workers’ compensation claim and a personal injury lawsuit for the same incident. An experienced mesothelioma attorney can help determine the most appropriate legal path.

Identifying the Responsible Parties in Your Mesothelioma Claim

Identifying the parties responsible for asbestos exposure is one of the most critical steps in filing a mesothelioma claim. Because the disease often develops decades after initial exposure, it can take time and effort to uncover where and how the exposure occurred.

Understanding the source of exposure helps build a strong legal case, whether the claim is filed through a personal injury lawsuit, wrongful death lawsuit, or an asbestos trust fund.

The Difficulty of Pinpointing Asbestos Exposure

Asbestos exposure usually happened many years before a mesothelioma diagnosis, often making it hard to determine precisely when and where the exposure occurred. Many victims worked at multiple jobs or sites, and companies may have gone out of business or changed names over time. Memories fade, coworkers may be hard to reach, and exposure could have come from secondary sources like contaminated clothing.

These challenges make it essential to work with professionals who can help investigate and identify all responsible parties based on available evidence.

Investigating Your Work History and Exposure Sources

To build a successful mesothelioma claim, it’s essential to carefully examine your work history, military service, and any other situations where asbestos exposure might have occurred. This may include reviewing employment records, union documents, and job site information. For veterans, military service records often reveal relevant exposure details, especially for those who worked on ships or in industrial settings.

Investigating household exposure is also critical—many family members were unknowingly exposed to asbestos brought home on a worker’s clothes, especially before safety protocols were widely enforced.

Types of Companies That May Be Liable

In mesothelioma claims, several types of companies may be held liable for asbestos exposure. Manufacturers of asbestos-containing products can be responsible if their materials caused direct or secondary exposure. Suppliers and distributors who handled or sold asbestos products may also share legal responsibility, especially if they failed to warn users of the risks. 

Employers who exposed workers to asbestos without proper safety measures, particularly in industries like construction, manufacturing, or shipbuilding, can be held accountable. Additionally, premises owners (such as factories, power plants, or commercial buildings) may be liable if they allowed unsafe asbestos conditions to exist on their property.

Identifying all responsible parties is essential to pursuing full compensation through a mesothelioma claim or asbestos trust fund claim.

Steps to Take When Filing a Mesothelioma Claim in Illinois

Filing a mesothelioma claim in Illinois involves several important steps that begin well before any legal documents are submitted. Because of the disease’s long latency period and the complex legal process involved, gathering the correct information and working with knowledgeable professionals can make a significant difference in the outcome.

These steps help ensure your asbestos claim is well-supported and aimed at the correct parties, whether you’re pursuing a lawsuit or filing with an asbestos trust fund.

Gathering Medical Records and Documentation

Your medical records are the foundation of a mesothelioma claim. These include pathology reports, imaging results, biopsy records, and documentation of ongoing treatment. The medical diagnosis must clearly confirm mesothelioma and link it to asbestos exposure. These records not only prove that you’ve been diagnosed, but they also help calculate current and future medical bills.

In many cases, expert testimony may be required to support your asbestos claim, making it even more important to have complete and accurate medical documentation.

Documenting Your Asbestos Exposure History

A thorough exposure history helps connect your mesothelioma diagnosis to specific job sites, products, or companies. This should include a detailed timeline of your employment history, including job titles, employers, job sites, and dates of employment. Also, note any known asbestos-containing materials or equipment you worked with or near. For some, military service records or union membership files may reveal crucial exposure information.

The more detailed your documentation, the stronger your mesothelioma claim will be, especially in asbestos litigation, where proving exposure is often the biggest hurdle.

Consulting with an Experienced Mesothelioma Lawyer

Due to the challenges of filing a mesothelioma claim, it’s essential to consult a lawyer who focuses on asbestos-related cases. A qualified mesothelioma attorney in Chicago can review your exposure history, determine the best type of claim to pursue, and help identify the companies responsible. They are also experienced in dealing with asbestos trust funds, understanding filing deadlines, and negotiating with insurance companies.

Working with an experienced attorney early in the process can help protect your rights and maximize your financial recovery.

Filing a Lawsuit or Asbestos Trust Fund Claim

Once medical and exposure documentation is complete, your attorney can help you decide whether to file a mesothelioma lawsuit or submit a claim to an asbestos trust fund. Lawsuits are typically filed in civil court against responsible companies that are still in business. If the company has gone bankrupt, you may be eligible to file an asbestos claim with a trust fund established to compensate victims.

Both options require thorough documentation, and both can result in significant compensation for medical bills, lost income, and other losses.

Compensation in Illinois Mesothelioma Cases

Compensation in mesothelioma and asbestos cases lawsuits aims to address the wide-ranging impact of asbestos-related diseases on victims and their families. These damages fall into several categories, each designed to cover different types of harm.

Whether the claim is filed by the mesothelioma patient or surviving family members, Illinois law provides legal pathways to financial compensation for both tangible financial losses and the more personal, lasting effects of the disease.

The specific damages awarded depend on the facts of the case and the severity of the illness.

Economic Damages

Economic damages in a mesothelioma and asbestos case focus on measurable financial losses.

These often include past and future medical expenses for treatments like surgery, chemotherapy, and hospital stays. Many claimants are also eligible to recover lost wages and loss of future earning capacity, especially if the diagnosis forced early retirement or interrupted a career.

Because mesothelioma is aggressive and treatment can be ongoing, estimating future medical costs is essential. Financial experts and medical professionals may be called to help project these losses accurately.

Non-Economic Damages

Non-economic damages compensate for the personal and emotional impact of mesothelioma.

Victims may recover compensation for physical pain and suffering resulting from the disease and its treatment. Emotional distress, mental anguish, and loss of enjoyment of life are also common in mesothelioma claims, particularly as the illness progresses. 

In some cases, spouses may pursue damages for loss of consortium—the loss of companionship, affection, and support due to their loved one’s illness.

These damages recognize the deep personal toll mesothelioma takes beyond financial costs.

Punitive Damages

Punitive damages are not awarded in every case, but they may apply when the defendant’s conduct was especially reckless or willful.

In mesothelioma lawsuits, punitive damages can be pursued if it can be proven that a company knowingly exposed workers to asbestos without proper warnings or safety measures.

These damages are designed to punish the defendant and deter similar behavior by others. Illinois courts award punitive damages sparingly, and only in situations involving clear evidence of egregious misconduct.

Wrongful Death Damages

When a person dies from mesothelioma, surviving family members may file a wrongful death claim. Compensation in these cases can include funeral and burial expenses, loss of the deceased’s financial contributions, and loss of companionship and guidance. Spouses and children may also recover damages for emotional suffering.

Illinois law recognizes the devastating effects of losing a loved one to an asbestos-related disease and allows families to pursue legal action to hold responsible parties accountable and ease the financial burden.

Statute of Limitations for Mesothelioma Claims in Illinois

In Illinois, the statute of limitations for filing a mesothelioma lawsuit is generally two years from the date of diagnosis. This time limit applies to both personal injury claims (735 ILCS 5/13-202) and wrongful death claims (740 ILCS 180/) related to asbestos exposure.

Because mesothelioma often takes decades to develop, the clock usually starts when a person is formally diagnosed, not when the exposure originally occurred. 

In cases of wrongful death, the two-year period typically begins on the date of death. Failing to file within this timeframe may result in losing the right to pursue compensation.

Certain exceptions may apply, but they are rare. To protect your legal rights, it’s essential to consult an experienced mesothelioma attorney as soon as possible after diagnosis or the death of a loved one.

Why You Need an Experienced Illinois Mesothelioma Lawyer

Filing a mesothelioma claim without legal help can be overwhelming, especially while dealing with a serious diagnosis. An experienced Illinois mesothelioma lawyer understands the local laws, the necessary legal steps, and the emotional and physical toll on victims and their families.

With the right attorney, you’ll have someone focused on protecting your rights, investigating your exposure history, and helping you seek mesothelioma compensation while giving you peace of mind throughout the mesothelioma claims process.

Navigating Complex Legal and Medical Issues

Mesothelioma claims require a deep understanding of both legal procedure and complex medical information. A qualified mesothelioma lawyer is familiar with the science behind asbestos-related diseases and knows how to connect a client’s diagnosis to a specific exposure history. 

They also manage court deadlines, legal filings, and expert testimony. This allows victims and families to focus on treatment and care while the attorney handles the technical and often time-sensitive aspects of the legal process.

Identifying All Liable Parties and Sources of Compensation

Many victims were exposed to asbestos decades ago and by multiple sources. A skilled mesothelioma attorney knows how to investigate old employment records, military service, and product use to find every company that may be legally responsible. 

This can include current companies, former employers, and those with established asbestos trust funds. Identifying all liable parties is essential to pursue compensation from every available source and build the strongest asbestos claim possible.

Maximizing Your Compensation

An experienced mesothelioma lawyer knows what fair compensation should look like. That includes payment for medical bills, lost income, pain and suffering, and future care needs. Attorneys also know how to negotiate with insurance companies and trust administrators. 

If necessary, they can take the case to court to fight for a full award. Their goal is to recover as much compensation as possible so that victims and families can move forward with financial stability.

Providing Compassionate Support and Guidance

A mesothelioma diagnosis affects every part of a person’s life. Beyond legal experience, a good attorney provides real support during a difficult time. They help clients understand their options, answer questions with patience, and handle the details of the case with sensitivity. Families often appreciate having a legal advocate who not only fights for justice but also treats them with respect and compassion from start to finish.

Contact a Personal Injury Attorney About Your Mesothelioma Claim

If you or a loved one has been diagnosed with mesothelioma, you don’t have to face the legal process alone. At Rosenfeld Injury Lawyers, we understand the impact of asbestos exposure and are here to help you recover compensation for medical bills, lost income, and more.

Our experienced mesothelioma attorneys offer free consultations and only get paid if we recover compensation for you. Let us help you hold the companies responsible for your illness accountable.

Call us at (888) 424–5757 or fill out our contact form to schedule your free case evaluation with a dedicated personal injury attorney in Chicago.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.