The amount of time you have to file a silicosis claim in Chicago depends on your state’s statute of limitations, which is the legal deadline for filing a lawsuit. In many states, you may have between one and three years to take legal action, although some states allow more time. The deadline may begin when you discover your illness or reasonably should have known about it. However, the rules vary depending on where your claim is filed and the circumstances of your case.
If you developed silicosis after working with the fabrication of quartz and engineered stone countertops, you may be entitled to compensation. Determining when your filing deadline begins is key in these cases since silicosis can develop long after your initial exposure. An experienced Chicago product liability attorney can help determine how much time you have to pursue a claim, but here’s what you should know in the meantime.
How the Statute of Limitations Applies to Silicosis Lawsuits
Every state has laws that limit how long someone can wait before filing a personal injury lawsuit. These deadlines help ensure legal claims are brought within a reasonable period.
However, silicosis lawsuits can be more complicated than other personal injury claims because the disease may take years to develop. For example, someone who regularly cuts engineered stone countertops might inhale harmful silica dust for years without realizing their lungs are being damaged. They may not receive a silicosis diagnosis until much later.
Some states apply what’s known as the “discovery rule” with this delay in mind. Under this rule, the filing deadline may begin when someone learns, or reasonably should have learned, about their injury.
Keep in mind that receiving a formal diagnosis does not necessarily mean your filing deadline starts that day. Courts may also consider when you first experienced symptoms and what you knew about their possible cause.
Can I Still File a Claim if My Silica Exposure Happened Years Ago?
Possibly. You may still have time to pursue compensation even if you stopped working with engineered stone several years before developing silicosis.
This is particularly important for countertop fabricators who were exposed to respirable crystalline silica while cutting or polishing quartz products.
Silicosis causes permanent lung damage and may worsen over time. Some workers develop symptoms relatively quickly, while others do not experience serious health problems until years after their exposure.
Your ability to file a lawsuit depends on the applicable state law and when your legal claim arose. Certain states also have special rules for silica-related illnesses. A personal injury attorney can examine your situation and determine whether you may still qualify to take legal action.
What Should I Do Before My Silicosis Filing Deadline Expires?
If you believe your illness is connected to workplace silica exposure, taking action early can help protect your legal rights.
Consider the following steps:
- Seek medical attention: Visit a qualified healthcare provider if you have symptoms of silicosis. A medical diagnosis can help establish the nature of your illness.
- Gather your employment records: Information about previous employers and the type of stone products you handled may help establish your exposure history.
- Preserve relevant evidence: Keep available workplace photographs or documents showing the materials you worked with.
- Contact a Chicago silicosis attorney: Our lawyer can review the applicable filing deadlines and explain whether you may have a claim against an engineered stone manufacturer or another responsible party.
Remember that workers’ compensation claims may have different reporting requirements and deadlines. Wrongful death lawsuits in Chicago and throughout Illinpois can also be subject to separate time limits.
Meyers & Flowers Can Help You File Your Silicosis Lawsuit on Time
If you have been diagnosed with silicosis after working with engineered stone, the main thing to keep in mind is that you may be entitled to significant compensation for both your economic and non-economic damages. Meyers & Flowers is here to help you evaluate your legal options and take appropriate action from there.
We’ve recovered billions of dollars for our clients, including a $3 billion settlement in a defective medical device case. Call (630) 576-9696 today to learn more and to get started with a free consultation.