Most personal injury cases have specific timeframes during which an injured person can file a legal claim. Statutes of limitation exist to prevent the threat of litigation after a reasonable amount of time. These statutes can vary depending on the state and the nature of the case.
For those diagnosed with mesothelioma, the timeline can be confusing, as symptoms of the disease and diagnosis often come many years or even decades after the asbestos exposure. Here’s what Illinois mesothelioma victims need to know about filing a legal claim.
Mesothelioma Statutes of Limitations for Illinois Victims
Typically, injury victims must file a legal claim against those responsible for their injuries within a set timeframe. That clock usually starts ticking when the initial incident occurs. A car accident victim’s time would begin on the day of the accident, for example. With mesothelioma, however, it does take time for symptoms to develop, and it is a notoriously difficult diagnosis. As a result, states have made specific rules for mesothelioma victims, in particular, allowing victims’ statutes of limitations that begin at diagnosis and range from one to six years. In Illinois, the statute of limitations is two years. Additionally, surviving family members who wish to pursue a wrongful death case have two years from the date of death.
Given that mesothelioma cases are often based on events that occurred many years prior, there can be some confusion about which statutes are the most relevant. They can be affected by:
- Victim’s current place of residence.
- Victim’s previous place of residence.
- Location where exposure occurred.
- Location of the business or entity responsible for exposure.
An experienced attorney can help mesothelioma victims understand their rights and help them pursue a claim in the most appropriate arena.
Do I Have Enough Time to File a Claim?
For those in Illinois, two years may seem like plenty of time. However, there are many legal actions that must be taken. It can take time to gather evidence, interview witnesses, and prepare and file documents. This can be especially true for those diagnosed with mesothelioma who are not entirely sure where their asbestos exposure occurred or who have little evidence to support their claims. These obstacles can be addressed by an attorney, though it is best to get started as soon as possible.
If you or someone you love has been diagnosed with mesothelioma, don’t wait to reach out to an experienced attorney. At Shannon Law Group, P.C., our tenacious legal team is ready to stand up and get the compensation you deserve. Take a moment to fill out our online contact form today, and you’ll receive a prompt response from a member of our team who can schedule a free, no-obligation consultation.