Unfortunately, mesothelioma victims don’t always live long enough to see their personal injury lawsuit finish. While surviving family members can continue their loved ones’ quest for justice as a wrongful death claim, they are sometimes limited in the specific type of damages they can pursue. Though Illinois had previously barred these survivors from recovering punitive damages, a recently passed state law frees them to seek that additional level of compensation.
Mesothelioma Victims’ Survivors Will Benefit from New Illinois Law
Previously, when victims of asbestos exposure in Illinois have died of their mesothelioma before their lawsuit has been completed, their survivors have been barred from pursuing punitive damages within their wrongful death claims. The state was one of only 16 that barred this legal action, with the state’s courts holding that the right to seek or recover damages for malicious action only rested with the individual who had been hurt rather than continuing to their estate.
In previous decisions involving mesothelioma victims and others who have died following egregious circumstances, the Illinois Supreme Court had indicated that the only way that punitive damages could be sought after the death of a victim would be if legislative action were taken to make it possible. In response, state legislators passed the requisite bill, and on August 11th, Governor J.B. Pritzker signed it into law.
Law Impacts Mesothelioma Lawsuits Filed After or Active on August 11, 2023
The new law will allow those who file a wrongful death claim on behalf of a mesothelioma victim on or after August 11th, or those who have a case that was active on that date, to add a request for punitive damages to their claim. It is expected that this will significantly increase the amount of compensation that grief-stricken families will be able to recover from the asbestos companies that were responsible for their loved ones’ deaths.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
