Illinois Mesothelioma Lawyer and Legal Information
Illinois has a longstanding reputation as being extremely friendly to asbestos plaintiffs. Cook County, home of Chicago, St. Clair County and Madison County have routinely made the top ten list of 'Judicial Hellholes' compiled by the American Tort Reform Association because of the enormous verdicts awarded to plaintiffs in personal liability lawsuits, including mesothelioma lawsuits. What's 'bad for business', though, is good for plaintiffs in asbestos lawsuits, who find sympathetic juries and laws that favor plaintiff's rights to recover compensation.
Venue Limitations
Madison County's reputation as a Mecca for asbestos cases is well-deserved. One of the reasons is that judges in Madison County have routinely agreed to hear asbestos cases that have "no logical connection" to Illinois. For instance, in a 2003 case filed in Madison County, the jury awarded the plaintiff a $250 million verdict despite the fact that neither the defendant nor the plaintiff had any logical connection to Madison. The common reasoning for this has been that asbestos cases are cases present a matter of "national interest".
In addition, Illinois courts loosely interpret 'class action', and retain jurisdiction if even one member ofthe class has connection to the state. Until recently, the 5th Circuit Court of Appeals routinely upheld lower court decisions to keep cases in Madison County. In addition, Madison County and other Illinois counties rarely grant defendant motions for summary judgment.
Determination of Liability
Illinois follows a modified comparative liability - 51% rule in determining liability for injuries. A plaintiff may receive compensation even if he or she is up to 50% at fault in their own injuries. If the plaintiffis found to have contributed to his or her own injury, but his contribution is less than 50%, the award is reduced proportionate to the degree of fault. In other words, if a plaintiff is determined to be 50% at fault in his own injury, and damages were determined as being $250,000, the plaintiff will receive $125,000.
In determining liability in cases where there are several defendants, and where a plaintiff may have been exposed to numerous asbestos-containing products made by many different manufacturers, the courts have often relied on a ruling in a 1987 case (Lipke v. Celotex Corp.) which states that a party guilty of negligence "may not avoid responsibility merely because another person is guilty of negligence that contributed to the same injury". In other jurisdictions, defendants routinely point to the fact that the plaintiff was exposed to many different products containing asbestos to lessen or negate their own liability for the injury.
Since 2003,the Illinois Supreme Court has made efforts to curb the high jury awards granted in the lower courts, and to force a stricter interpretation of Illinois law in all personal injury cases, including asbestosrelated lawsuits.
Illinois Asbestos Litigation - Major Cases
Many cases in Illinois are settled before reaching verdict. In Madison County, of about 4,000 cases that were filed between 1996 and 2003, only four proceeded to a jury verdict. Three of the four cases resulted in large jury verdicts for the plaintiff.
2000: Hutcheson v. Shell Oil Co.: Plaintiff awarded $34.1 million, including $25 million in punitivedamages.
2001: Crawford v. AC & S Inc.: Plaintiff awarded $16 million, including $7 million in punitive damages.
2003: Whittington v. A.W. Chesterton: Plaintiff awarded $250 million, including $200 in punitive damages.
2006: Hoogerwerf v. Honeywell Industries: Plaintiff awarded $5.5 million in wrongful death suit by a McLean County jury
Illinois Asbestos Attorney
Mesothelioma cancer is deadliest of the asbestos caused diseases, but there are many others. asbestosis, lung cancer, COPD and chronic bronchitis are additional diseases that can be traced back to asbestos exposure. Illinois residents who have developed an asbestos related disease have a number of legal options available to them. Our attorneys are familiar with Illinois state law on mesothelioma cases as well as the applicable federal statutes and rulings.
Individuals who have suffered as the result of asbestos exposure can file a liability claim against one or more of the asbestos companies that have set up asbestos bankruptcy trusts & funds to compensate those that have been injured. Another option is filing a lawsuit against a former employer who manufactured products containing asbestos or who allowed asbestos exposure in the workplace. The third option is filing several legal actions, which is what thousands of Illinois residents have chosen to do.
Illinois Mesothelioma Lawsuits
The term “asbestos lung cancer” generally refers to mesothelioma, a lethal malignancy for which the only known cause is asbestos. The initial symptoms are usually shortness of breath, a persistent cough and tightness in the chest, followed by pleural effusion.
A few facts:
• Mesothelioma has a latency period of twenty to fifty years. You may have recently developed asbestos cancer from a job you left decades ago.
• About 3,000 new cases of mesothelioma are diagnosed annually in the U.S. despite the fact that asbestos products were taken off the market in the 1970s and 1980s.
• Becauseof the long latency period mesothelioma is often not diagnosed until the disease has developed to a late stage.
• The courts in most states understand the urgency of a mesothelioma lawsuit and often will help expedite it. Illinois courts are generally reasonable about an attorney’s request for timely proceedings with a seriously ill client.
In the nineteenth century Chicago became the industrial center of the Midwest. Its location on Lake Michigan made in a transportation and shipping hub as well. Iron ore brought in through the Great L
akes was turned into steel at an extraordinary number of steel mills in both East Chicago Indiana and Gary Indiana, towns adjoining the Chicago metro area.
Ford and General Motors built cars in Chicago; Inland Steel, Interlake Steel and Republic Steel all had mills there. East St. Louis Illinois is an industrial pocket that was home to Shell Oil, Mobil Oil and Sinclair Oil – refineries that used asbestos insulation heavily. These are just a fraction of the locations known to have exposed employees to asbestos on the job.
Asbestos claims are often filed against more than one company in more than one state. The regulations can vary – however our attorneys are familiar with the claim requirements for every liable asbestos company that has set aside funds to pay claims. We can provide a quick analysis of your caseand get the necessary legal work in motion quickly – at no charge.
If you need an Illinois asbestos attorney call 1-800-490-6014 or fill out the brief form at the top of the page. We’ll be in touch immediately.
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