Michael Helfand

These cases are unique. The signs and symptoms of asbestos-related illness show up so long after exposure that the typical injury case is not a good model for how an asbestos case should be handled.

The statute of limitations is a bit different for cases like this, where an injury or illness isn’t apparent for a while. In Illinois, it’s called the discovery rule. In a typical injury case, like a slip and fall, you have two years from the date of your injury to file a lawsuit. That’s the statute of limitations, or deadline, on the right to sue. Obviously this wouldn’t work for an asbestos case, where symptoms might not show up for 20-50 years later. Here, the discovery rule comes into play and it says that the clock on the statute of limitations doesn’t running until you realize that you have an asbestos-related injury or illness.

So the general rule is that you have two years from the date you realized you were injured or ill and that asbestos exposure was to blame in order to file a lawsuit. This could be two years from your diagnosis, for example. In cases where a person dies due to asbestos disease, the two years is still from the date of discovery rather than the date of death.

Most people diagnosed with asbestos-related disease are over the age of 65. It’s important to make a quick determination whether you have a legal case. It’s ok to look into this, it’s encouraged even, despite the fact that you might have no idea whom your case would be against. Many times, exposure occurs at a job. Years of regular exposure is likely to blame. Workers who manufactured, installed or removed products with asbestos are at highest risk. There also are cases of secondary exposure, where someone else in the worker’s household was regularly exposed from asbestos particles that came into the home on the worker’s clothes, for example.

There are two main diseases caused by asbestos exposure. Asbestosis and mesothelioma. Symptoms include chronic cough, weight loss, shortness of breath, fatigue, abdominal swelling, tumors and even coughing up blood. Seeing a doctor is obviously a good idea for health reasons, which should be your first concern, but seeing a doctor right away also helps establish a legal case if you decide to pursue one.

There are Illinois attorneys who focus their practice on helping clients suffering from asbestos-related disease and illness. These attorneys, especially the ones who have had success in past cases, are in the best position to advise you on whether you might have a good case and what the applicable deadline might be.

Let us know if you have questions about your situation or if you need help choosing an attorney. You’ve probably seen television or billboard ads for mesothelioma lawyers, but these ads don’t tell you anything specific about those lawyers. We only recommend lawyers with a track record of success, great client reviews and solid reputations among other attorneys and judges in Illinois.

Life insurance policies usually name a beneficiary, which means that the policyholder listed a specific person to receive the distribution of the policy at their death. It can be a straightforward process, and in most cases it’s fairly quick. The proceeds of the life insurance do not need to go through probate, which means that they should be directly distributed to the named beneficiary. There’s no court process of judicial approval required.

Disputes can arise, however, about who the correct beneficiary is or whether the policy can be distributed at all. If you are unable to get the proceeds of a life insurance policy that you believe is yours, you should take legal action sooner rather than later. Get an attorney to help you with this. You should be able to find someone who can work on a contingency basis, which means you won’t have to pay any legal fees until it’s over. And if you don’t win the case, there’s no fee.

In addition to finding an attorney experienced in life insurance issues, locate a copy of the policy. Eventually, it might be necessary to find payment records to prove that the policyholder made all required payments. One reason distribution can be denied is because the policy wasn’t paid or it was cancelled. At least this is what the life insurance company might tell you. Do not take their word for it. They don’t have much to lose by telling you that you can’t collect on the policy, so they might deny your request on a technicality. In some cases, there has been outright fraud. The insurance company makes more money the less it has to pay out. So it’s not a surprise that they are encouraged to pay out as little as possible.

A will or trust does not affect a life insurance policy in most cases, because life insurance is not part of someone’s estate (which goes through probate). There are exceptions, however. If the policy holder did not name a beneficiary, or if a named beneficiary is deceased and there is no contingent or alternate beneficiary listed, then the proceeds of the life insurance policy can be distributed to the estate. If this happens, that money will go through the probate process.

Again, the sooner you act on a life insurance collection problem, the better.  If you’d like our help in finding an attorney who would investigate a case and sue on your behalf, please contact us.  The call is always free and confidential and you don’t pay anything unless you win.

One of the most unsettling things about nursing homes is the potential for negligence. By placing a loved one in a facility, you are entrusting strangers with their care. As much as you might research the home, there are no guarantees.

There are things you can do to look out for your family member. Frequent visits, especially at random times, are an important one. Also, know who their doctors are, ask questions about treatment plans and daily routines and know what medications they are taking and why. Asking questions sooner rather than later is always a good idea, as well. The bottom line, however, is that Illinois nursing homes have a legal duty to protect residents. If they breach that duty by acting negligently, or worse by committing some form of abuse against a resident, they can be sued and held responsible.

Common signs of nursing home abuse and neglect include a sudden and unexplained change in the resident’s health or mood. Anger, fear, depression and sadness can indicate that something has happened. Physically, bed sores are a huge red flag that your loved one isn’t being cared for as well as they should. Bed sores develop when someone is in one position for too long, such as sitting in bed for too many hours at a time. Bed sores can worsen quickly, and can even be life threatening.

Medication errors, both over medicating and under medicating, have been a problem in Illinois as well. Nursing home patients are likely to be on multiple medications at any given time. There have been cases of severe overdose, as well as cases where patients were not given a medication as prescribed, resulting in a worsened condition and eventual death. It’s never a bad idea to get the advice of an experienced nursing home abuse and neglect attorney if you have questions about your particular situation.

An Illinois nursing home case can be based on a severe injury or death that was caused by the negligence of the nursing home management or its staff. Cases also can be based on intentional abuse. Keep in mind that in any type of injury lawsuit, you’ll need to focus on what did happen rather than what could have happened. You generally can’t base a lawsuit on a close call, even if it was life threatening. With a close call, the best you can probably do is report the incident and find a safer place for your loved one.

No one is going to look out for your child like you do, but when you send them to play at a friend’s house, you at least expect that they will be kept safe. When the unthinkable happens and you get a call that your child has been seriously hurt, your first concern is making sure they get the medical attention they need. When the dust settles, you might be wondering if you can hold the other parents responsible if negligence was involved in your child’s injury. After all, you might be facing huge medical bills and permanent disability.

You can sue on behalf of your child for any damages that were caused by the injury, such as medical bills and other financial loss, and even pain and suffering. The value of a case depends a lot on the ongoing treatment needed and whether there is any permanent harm. These cases might be covered by the other party’s homeowner’s insurance.

Whether the other parents or caregivers were legally responsible for the injury depends on what they knew about the thing that hurt your child. If they knew or should have known that your child was in danger and could get hurt, then you might have a case worth pursuing. An aggressive dog, a weapon within child’s reach, an unattended swimming pool or any other dangerous condition in the home or on the property could lead to liability.

These situations are made more complicated by the fact that you know the responsible party personally. You may even be close friends. However, recovering money to pay for your child’s necessary medical care and potential future care is essential. A fall with a potential brain injury could require that your child receive lifetime medical care and support. An experienced injury attorney can help you take the first steps. Again, it might be a claim against the other party’s insurance policy.

Injury attorneys handle these cases on a contingency basis, which means that you don’t have to pay any lawyer fees until your case is over and only if you win. If you don’t win your case, there is no fee. Initial consultations are always free, as well.  Call us at (312) 346-5320 if you would like our help or fill out the contact form to the right.  We help with these cases throughout Illinois and have established a state wide network of aggressive, experienced attorneys who can help you.