Related Topics â–º Other TopicsIllinois 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.
Statute of Limitations
A statute of limitations establishes the maximum amount of time following a particular incident that legal action can be taken based upon that incident. Due to the long latency period associated with asbestos-related disease, the statue of limitations often begins once an individual has been diagnosed, not immediately after initial exposure to asbestos. Many states enforce a one- to two-year statute of limitations, but it is best to speak with a mesothelioma attorney on this matter, as the statute of limitations varies by state.
To learn more about the statute of limitations in your state, please fill out the form on this page to receive a comprehensive information packet.
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 of the 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, including motions for summary judgment based on statute of limitations.
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 plaintiff is 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 asbestos related 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 punitive damages.
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
State Index
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