Can Family Members File Claims for Loved Ones Affected by Mesothelioma?

A mesothelioma diagnosis affects more than just the patient who has been diagnosed. This is a diagnosis that impacts the entire family. If you or someone you love has been diagnosed with mesothelioma in Illinois, you may have questions about what to do next.

Can family members file claims for loved ones affected by mesothelioma?

Fortunately, family members of mesothelioma victims in Illinois have options. Whether your loved one is still fighting the disease or has passed away, there are legal paths you can take to hold the responsible parties accountable and achieve a fair compensation.

The Impact of Mesothelioma for Families in Illinois

Illinois has been a center of industries where asbestos was widely used, including construction, manufacturing, and power generation. This exposure has led to a high number of mesothelioma cases across the state, including in places like Chicago, Rockford, and Peoria. Families are often left to bear the emotional and financial burden of this devastating disease.

Asbestos exposure is almost always the result of negligence. Many times, companies knew about the dangers of asbestos for decades but continued to expose workers and their families.

To combat this aggressive form of cancer, patients might be prescribed a course of chemotherapy or radiation therapy. Those can have debilitating side effects forcing the patient to miss work. The family might also have to step in to provide care, which can further strain their finances. There is also a level of uncertainty with the prognosis of the diseases. That can create anxiety and stress on the family.

What Types of Claims Can You File in Illinois?

Every situation is different, but in most cases, family members can file two types of lawsuits in the state:

Personal Injury Claims

If your loved one with mesothelioma is still alive, they can file a personal injury lawsuit. This legal action asks for compensation for:

• Medical expenses, including treatments, hospital stays, and medications
• Lost wages and financial support
• Pain and suffering caused by the illness

Since mesothelioma may leave the patient incapacitated or unable to handle the claim filing process, the law does allow family members to step in and act on their behalf. In these situations, you would be their legal representative:

In this position, you can:

• File the claim on behalf of your loved one: You will act as their voice in pursuing justice.
• Collect and submit evidence: You are responsible for obtaining medical records, employment history, and documentation of asbestos exposure.
• Manage the legal process: You will need to work with a mesothelioma lawyer to make sure deadlines are met and the case moves forward.

Wrongful Death Claims

If your loved one has passed away due to mesothelioma, you can still take action. Under these circumstances, you can file a wrongful death lawsuit. These claims are meant to help you and your family recover from the losses associated with your loved one’s passing. These damages may include:

• Funeral and burial costs
• Loss of income and financial support
• Loss of companionship and emotional support
• Medical expenses incurred before your loved one’s death

In Illinois, wrongful death claims must be filed by the personal representative of the deceased person’s estate. Often, this person is named in the individual’s will or appointed by the court if no will exists. These individuals are usually:

• A spouse
• An adult child
• A parent
• Another close family member or court-appointed individual

This individual will work closely with their attorney to handle the claim filing process or civil lawsuit, if applicable. If the claim is successful, then family members will receive compensation that will be distributed based on the desires of the decedent.

What Is an Asbestos Trust Fund?

Even if the company responsible for the asbestos exposure has gone out of business, there may still be options. Many companies set up asbestos trust funds to compensate mesothelioma victims and their families.

These trust funds operate independently of lawsuits. In these cases, you may be able to file a claim without going to court. One example in the state is the Owens-Illinois Asbestos Personal Injury Trust. This company produced asbestos-containing products that harmed workers and individuals. The trust allows eligible persons to file for compensation.

Is There a Statute of Limitations for These Claims?

Over the years, there have been a few misconceptions about lawsuit timelines. While current Illinois Governor Pritzker signed a law amending the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act, these statute of limitation extensions only apply to workers’ compensation claims.

For both personal injury lawsuits and wrongful death claims, Illinois still maintains a two-year statute of limitations related to asbestos exposure. This period begins with a diagnosis or discovery of the disease. Due to the complexities of these legal timelines, you may want to consult with an experienced mesothelioma lawyer to take the right legal action.

If your loved one has been diagnosed with mesothelioma, Illinois laws give families the opportunity to seek justice and secure financial support during this time. Whether through a personal injury lawsuit, a wrongful death claim, or an asbestos trust fund, there are legal options available to help your family move forward.

If you would like to learn more about your options, the legal team at Schweickert Ganassin Krzak Rundio, LLP, is available to provide legal support for you and your loved one.