Filing Deadlines in Illinois
Illinois sets a statute of limitations on mesothelioma lawsuits. The clock starts at diagnosis, not exposure.
Missing these deadlines can permanently bar a family's right to compensation.
When the Clock Starts
In Illinois, the statute of limitations begins on the date of diagnosis, not the date of asbestos exposure. This is called the "discovery rule."
Mesothelioma has a latency period of 20 to 50 years. Without the discovery rule, most patients would lose their right to file before they even knew they were sick.
The clock starts when:
- A physician provides a formal mesothelioma diagnosis
- Symptoms reasonably indicated the disease was present
Personal Injury Claims in Illinois
Illinois allows 2 years from diagnosis to file a personal injury claim. These claims are filed by the patient and typically seek recovery for medical expenses (past and future treatment), lost wages, pain and suffering, and loss of quality of life, meaning the impact of the disease on daily activities, relationships, and ability to work.
Wrongful Death Claims in Illinois
Illinois allows 2 years from the date of death to file a wrongful death claim. These claims can be filed by:
- Surviving spouse
- Children (including adult children)
- Parents (in some cases)
- Estate representative
Wrongful death claims can recover compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and guidance
Asbestos Exposure Sites in Illinois
Illinois has 218 cities with documented asbestos exposure sites and 798 liable parties on record. Workers in these areas may have grounds for mesothelioma claims.
Select a city to view specific exposure sites, companies, and facilities with known asbestos exposure history.
View all 90 cities
Illinois has 5 cancer centers specializing in mesothelioma treatment. For a complete list of documented asbestos exposure sites in Illinois, see our exposure database.
Types of Compensation in Illinois
Families in Illinois affected by mesothelioma may qualify for multiple forms of compensation. Most cases involve a combination of trust fund claims and litigation.
Lawsuits and Settlements
Personal injury or wrongful death lawsuits can be filed against companies responsible for asbestos exposure. Most cases settle before trial, with average mesothelioma settlements ranging from $1 million to $2.4 million. Total compensation can be significantly higher when combining multiple sources. Illinois courts generally allow expedited scheduling for mesothelioma cases.
Asbestos Trust Funds
Over 60 bankruptcy trusts hold more than $30 billion for asbestos victims. These claims are separate from lawsuits and can be filed regardless of whether a company is still operating. Trust fund claims have their own deadlines and requirements.
Learn about trust fund claims →Asbestos Exposure History in Illinois
Steel mills in Chicago and Granite City exposed workers through insulation and fireproofing. The Johns-Manville facility in Waukegan, the UNARCO plant in Bloomington, and railroad repair sites added further risk through brake components and insulation. Refineries including Texaco in Lockport, Union Oil in Lemont, Shell in Wood River, and Amoco in Joliet all contributed. Power plants like Braidwood and Zion added to the toll.
Vermiculite processing brought contaminated material from Libby, Montana to Chicago, Girard, Peoria, Quincy, Buda, and Calumet City. More than 372,000 tons were imported.
Illinois stands out for its dense industrial corridors along Lake Michigan and the Mississippi River. The state had no local asbestos mines but imported and processed massive quantities. That created 670 documented exposure sites in 90 cities across 36 counties. At Waukegan, waste was dumped on beaches and into Lake Michigan, spreading environmental contamination.
Steelworkers, railroad mechanics, refinery operators, power plant constructors, and vermiculite processors were all affected. So were maintenance workers in older schools, hospitals, and pre-1980s homes. Over 1,900 deaths from mesothelioma and asbestos lung cancer occurred between 1999 and 2013, ranking the state seventh nationally.
Choosing a Illinois Mesothelioma Lawyer
Mesothelioma litigation is a focused practice area. Not every personal injury attorney has the exposure databases, product identification resources, or trial experience these cases require. Our guide to choosing a mesothelioma law firm covers this in detail.
A few things to look at when narrowing a shortlist. Attorneys who concentrate on mesothelioma and asbestos cases typically maintain databases of products, manufacturers, and job sites that most general personal injury firms don't have. A firm's past settlements and verdicts in asbestos cases say more about depth than general trial experience. Familiarity with Illinois procedures, judges, and filing requirements shortens the learning curve, especially in an expedited docket. And most mesothelioma attorneys work on contingency, so the family pays nothing unless compensation is recovered.
Learn more about mesothelioma lawyer costs and how contingency fees work.
This information is for educational purposes only and should not be considered legal advice. Every case is different. Consult with a qualified attorney to understand your specific legal options.