Written by Joe Lahav, Esquire | Edited By Walter Pacheco | Last Update: December 12, 2024

Filing a Mesothelioma Claim in Illinois

People file mesothelioma lawsuits in Illinois because they were exposed to asbestos in the state or the company responsible is headquartered there. Madison County, Illinois, has become one of the nation’s top jurisdictions for asbestos litigation. 

Throughout the 1990s and into the early 2000s, asbestos legal claims became increasingly backlogged in Madison County. In response, the judicial system implemented reforms to process asbestos cases more efficiently. 

  • Madison County, Illinois, ranked No. 1 for asbestos lawsuit filings in 2022. The jurisdiction accounts for nearly 27% of the nation’s mesothelioma lawsuits. 
  • Mesothelioma patients are eligible for fast-track filing in Illinois because their condition is terminal. It allows cases to reach trial within 6 months, compared to years in other states.
  • In Illinois, defendants in a mesothelioma lawsuit may be entitled to a setoff if the plaintiff has already received compensation from an asbestos trust fund.
  • Illinois has statutes of limitations that place time limits on filing a claim. For mesothelioma patients, this limit is 2 years from the day of diagnosis. For family members, it’s 2 years from the date of the loved one’s death.

Mesothelioma litigation includes personal injury and wrongful death lawsuits. Survivors and their families can also work with Illinois mesothelioma lawyers to file trust fund claims, established when asbestos companies declare bankruptcy. There’s currently more than $30 billion in these trust funds.

An experienced mesothelioma attorney in Illinois can help assess if any exceptions apply to your specific case, the best place for you to file and the best options for you.

Why Should I Hire an Illinois Asbestos Lawyer? 

Illinois mesothelioma lawyers offer a wealth of knowledge on local exposure sites and asbestos companies. They know the specific job sites associated with asbestos exposure in Illinois and the asbestos products used at those sites. 

Local expertise helps firms investigate cases, identify liable companies and build strong cases. Illinois asbestos lawyers also have experience navigating complex state laws involving asbestos litigation to obtain favorable outcomes for their clients.

“My Illinois-based lawyers didn’t do it by phone. They came and saw me and talked to me personally. They understood me and how involved I was with my job in the Navy.”

Illinois is the most popular state for filing mesothelioma lawsuits, and its courts created procedures to manage asbestos litigation. They aim to establish fair rules when holding a defendant negligent, awarding damages and determining which plaintiffs deserve a quicker trial. The attorney you choose should be familiar with Illinois asbestos litigation statutes and trends. 

For example, in Illinois, the defendants’ combined liability must be at least 51% for a plaintiff to recover any compensation. A defendant less than 25% at fault is considered severally liable for damages, while defendants found more than 25% liable are jointly and severally liable for all other damages.

Illinois Mesothelioma Law Firms

Mesothelioma survivors and their loved ones in Illinois have access to some of the top asbestos law firms in the country. Cooney & Conway is a Chicago mesothelioma law firm, and Simmons Hanly Conroy is headquartered in Alton, Illinois. Meirowitz & Wasserberg also has an office in Illinois. These Illinois asbestos lawyers understand federal asbestos regulations and Illinois state statutes. 

Firms that practice in Illinois handle many cases, which translates into experience that may help your family access funds to pay for medical expenses. From 2018 to 2022, plaintiffs filed about 50% of all asbestos lawsuits in Illinois courts, according to an industry report. Attorneys at the following firms help Illinois residents file claims both in and out of state as nationwide firms.

Simmons Hanly Conroy Logo
1 Court St
Alton, IL 62002
  • $8.9 Billion Recovered
  • Serves Clients Nationwide
  • Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report
meirowitz & wasserberg logo
55 W Monroe St Suite 3600
Chicago, IL 60603
  • $50 Million Recovered
  • Serves Clients Nationwide
  • Rated in the Top 10 Asbestos and Mesothelioma Trial Lawyers
Cooney & Conway Logo
120 N Lasalle Street Suite 3000
Chicago, IL 60602
  • $7 Billion Recovered
  • Serves Clients Nationwide
  • Rated a National Tier 1 Firm by U.S. News & World Report in 2022

These top asbestos firms regularly secure significant payouts for families coping with mesothelioma. For example, Illinois mesothelioma attorneys at Cooney & Conway secured $30 million for the surviving family of Thomas Jackson, who developed mesothelioma following exposure to asbestos-contaminated talc used in a Decatur, Illinois, tire facility where his father worked.

Lawyers at Cooney & Conway in Chicago worked with Weitz & Luxenberg in New York to secure a $23 million verdict for Cynthia Cowger of Illinois. She developed mesothelioma after exposure to asbestos in Qualitex Co. Cowger’s professional dry-cleaning products.

Top Nationwide Mesothelioma Law Firms

Illinois residents with asbestos-related diseases have many options for legal representation. Patients and families may also consider a nationwide mesothelioma law firm because of the experience and reach they offer.

When exposure takes place outside of Illinois, a nationwide firm can help you file a claim elsewhere. People also file in other states when the responsible company is headquartered in another state.

Weitz and Luxenburg
700 Broadway
New York, NY 10003
  • $8.5 Billion Recovered
  • Serves Clients Nationwide
  • Rated #1 by U.S. News & World Report for 2022
Nemeroff Law Firm Logo
8226 Douglas Avenue Suite 740
Dallas, TX 75225
  • $500 Million Recovered
  • Serves Clients Nationwide
  • Rated a “Hall of Fame” law firm by The Legal 500
Galiher DeRobertis & Waxman
820 Mililani Street Suite 505
Honolulu, HI 96813
  • $600 Million Recovered
  • Serves Clients Nationwide
  • 30+ Years Experience

Top asbestos law firms that practice nationwide have tried many different types of cases in most states. They have the most experience winning cases against large asbestos corporations. They can help you identify and build a case against the companies responsible for the asbestos exposure that caused your mesothelioma diagnosis.

Asbestos Compensation in Illinois

These are among the highest asbestos verdicts awarded in Illinois. However, most mesothelioma lawsuits reach a settlement out of court.

Asbestos Verdicts in Illinois Lawsuits

  • $40.75 Million: An Illinois jury awarded damages in 2023 to mesothelioma patient Bruce Torgerson. He was exposed to asbestos in John Crane-manufactured gaskets and packing while working as a pump man.
  • $30 Million: A Cook County Circuit Court jury ordered Bridgestone Firestone Tires to pay damages to Thomas Jackson’s spouse in 2023. Jackson died of mesothelioma from asbestos-contaminated talc his father brought home on his clothes while working at the company’s Decatur facility.
  • $23 Million: A Cook County jury ordered Qualitex Co. to pay damages in 2021 to Cynthia Cowger, who developed pleural mesothelioma from exposure to Qualitex’s asbestos-containing press pads while working at a dry-cleaning company.
  • $16 Million: A Madison County Circuit Court jury ordered Armstrong Contracting and Supply Company in 2021 to pay damages to James Crawford and his wife. Crawford developed mesothelioma after exposure to the company’s asbestos-containing insulation products at an Owens-Illinois glass plant.
  • $3.58 Million: A Cook County Circuit Court jury awarded damages in 2021 to the surviving family of Fred Riebel, who died of mesothelioma because of exposure to asbestos working as an insulator at U.S. Steel and BP Amoco.
  • $4 Million: An Illinois jury ordered U.S. Steel to pay damages in 2022 to the surviving family of James O’Reilly, a former pipefitter who died of mesothelioma after exposure to asbestos in gaskets, insulation and valves.
  • $1.5 Million: The court awarded Florence Campbell damages in 2011 in her suit against Ericsson over the death of her husband, Richard Campbell, who developed mesothelioma after working with asbestos-containing wires and cables at the U.S. Steel plant in Chicago.

The average mesothelioma lawsuit settlement amount is between $1 million and $2 million. Experienced Illinois mesothelioma lawyers will negotiate mesothelioma settlements on your behalf and have also secured six-figure payouts from asbestos trust funds. Speaking to a lawyer now can help begin the process of filing for mesothelioma compensation as soon as possible.

Illinois Laws That Regulate Asbestos  

Federal, regional and state laws regulate asbestos abatement and litigation in Illinois. For example, Cook County and the city of Chicago have their own asbestos regulations

The Illinois Administrative Code covers asbestos abatement in commercial and public buildings. The Illinois Small Business Environmental Assistance Program explains compliance with asbestos regulations.

  • Illinois Administrative Code Title 77, Chapter 855: Outlines regulations on asbestos abatement in public and private schools and commercial and public buildings in Illinois. Only licensed professionals may perform asbestos removal in commercial and public buildings in Illinois. This requirement also extends to residential buildings with more than 4 units.
  • Illinois Code of Civil Procedure Chapter 10: Defines statutes of limitations in Illinois.  This law states that plaintiffs have 2 years to file a personal injury claim or wrongful death lawsuit.
  • Illinois Statutes Chapter 735, Section 5/2-1116: Outlines Illinois’ negligence laws. These laws allocate the responsibility of paying damages in mesothelioma personal injury and wrongful death lawsuits.

Local and state departments oversee and enforce the state’s asbestos regulations. They aim to protect the public and workers from exposure. These departments enforce laws and oversee permits and licenses. They ensure the safety of asbestos removal projects.

Among the departments that oversee asbestos is the Illinois EPA Asbestos Unit. This department enforces regulations under the National Emission Standards for Hazardous Air Pollutants. These include asbestos handling standards.

Asbestos Exposure Risks in Illinois

Illinois ranks No. 7 in the U.S. for mesothelioma and asbestosis deaths. The state’s high ranking is because of its extensive industrial history in cities such as Chicago, Peoria and Alton. About 117 mesothelioma cases were reported in Illinois in 2020, which is the most recent data available.

  • Illinois Beach State Park: While there are several Superfund Sites in Illinois with asbestos concerns, one in particular is the Johns-Manville site in Waukegan, Illinois. This 150-acre disposal area has approximately three million cubic yards of wastewater sludge containing asbestos and other toxins. Lake Michigan and Illinois Beach State Park border the site. Studies have indicated that airborne asbestos is the greatest potential risk.
  • Manufacturing Facility: Workers face exposure at A.E. Staley Manufacturing Company’s facility in Decatur, Illinois. The local union requested an evaluation of asbestos hazards in 1989. The evaluation found excess cases of related diseases.
  • Power Generation: Power generation plants used asbestos primarily for insulating capabilities. Exposure occurred at Zion Nuclear Power Station, Powerton Powerhouse, Dresden Generating Station and Quad Cities Station.
  • Schools: Many of Illinois’s schools and administrative buildings were constructed with asbestos. Disease risk depends on when the asbestos was discovered and how each facility handled the problem.
  • Vermiculite Processing: Illinois is also home to 30 locations that received at least 372,776 tons of asbestos-contaminated vermiculite from Libby, Montana. The locations with facilities that processed the asbestos-tainted vermiculite include Chicago, Girard, Peoria, Quincy, Buda and Calumet City. The soil around these facilities has tested positive for asbestos.

Industrial activity that used asbestos in Illinois includes shipbuilding, manufacturing and construction. Military bases also used a lot of asbestos products. Asbestos exposure in Illinois also occurred during insulation installation, oil refining, farming, food production and power generation.

High-Risk Industries in Illinois

High-risk asbestos industries in Illinois include manufacturing, power generation and oil refining. Illinois workers were exposed in factories, plants, refineries, farmhouses, schools and public buildings. Secondhand exposure among family members happened when workers brought fibers home.

Exposure today tends to occur because of legacy asbestos in old buildings. The Chicago Nuclear Powerhouse, Illinois Central Railroad in Peoria and Kentile Floors plant in Chicago were all known asbestos exposure sites in the state. 

  • Factory workers
  • Farmworkers
  • Manufacturing workers
  • Military veterans
  • Oil refinery workers
  • Power generation workers
  • Railway workers
  • Teachers

Veterans were also exposed at Chanute Air Force Base in Rantoul, Illinois. An asbestos removal project abated the mineral from 17 facilities on the base in 2015.

While asbestos products were used in many industries in Illinois. Workers at the state’s oil refineries and power plants had the highest risk of exposure. Major oil companies such as Amoco, CITGO, Mobil, Shell and Standard operated oil refineries in Illinois. They have been named defendants in asbestos-related lawsuits.

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