Illinois Timing to File an Asbestos Related Lawsuit

Illinois has numerous work sites throughout its state where exposure to asbestos was likely to have occurred.  If you have worked around asbestos or asbestos containing materials in the state of Illinois and have been diagnosed with asbestosis, mesothelioma or lung cancer, you can file a personal injury lawsuit against the manufacturers of the asbestos and sometimes against employers.  However,  asbestos-related lawsuits must be filed within a set period of time.  This is called a statute of limitations.  Defendants are quick to draw attention to an expired statute of limitations.  If the statute of limitations has expired relative to your set of facts, your asbestos-related lawsuit may not be able to go forward.  Each state has its own statute of limitations deadline. 

In Illinois , the statute of limitations is set as two years from the date the cause of action accrued.  735 ILCS 5/13-202  (2010).  Illinois follows the “discovery rule” in asbestos cases, so the cause of action does not accrue until the plaintiff knew or should have known that he or she had an asbestos-related disease and knew or should have known that the disease was caused by exposure to asbestos or asbestos-containing products.  Nolan v. Johns-Manville Asbestos (1981) 85 Ill. 2d 161, 171.  Even if the individual diagnosed with the asbestos-related disease passes away due to that asbestos-related disease, the statute of limitations is still two years from when the plaintiff knew or should have known that he or she had an asbestos-related disease and knew or should have known that the disease was caused by exposure to asbestos or asbestos-containing products.  Lambert v. Summit (1982) 104 Ill. App. 3d 1034.  In other words, if the statute of limitations has expired for the individual exposed to asbestos or asbestos-containing products and diagnosed with an asbestos-related disease, then even when that person passes away, the heirs cannot maintain a wrongful death lawsuit. 

In a majority of states, there is a rule that the plaintiff must have known or should have known the identity of the particular defendant that is responsible for the plaintiff’s exposure to asbestos in order for the statute of limitations to run as to that defendant.  But Illinois does not follow this rule.  Guebard v. Jabaay (1978) 65 Ill. App. 3d 255.  So even if the identity of the person or entity responsible for the exposure to asbestos or asbestos-containing products is unknown, a lawsuit must still be brought within the two-year statute of limitations.    

As the statute of limitations is short, a person diagnosed with an asbestos-related disease or an heir to a person who passes away from an asbestos-related disease should quickly contact an attorney to determine if the facts warrant an asbestos-related lawsuit.  Clapper, Patti, Schweizer & Mason have successfully brought asbestos-related lawsuits for more than 30 years and have obtained hundreds of millions of dollars in settlements and jury awards for clients.  Please contact the lawyers at Clapper, Patti, Schweizer & Mason for a free case evaluation.