Frequently Asked Questions

Yes, you may still have a case. There are many different illnesses associated with diesel exhaust exposure. Diesel exhaust has been tied to strokes and heart disease. Stomach, kidney, pancreatic and bone marrow cancers are all caused by diesel exhaust exposure. Birth defects may also be attributed to diesel exhaust exposure. The many toxic ingredients associated with diesel exhaust have been linked to numerous illnesses.

In addition, medical terminology can sometimes differ – leading to confusion. For instance, cancer of the upper throat – caused by diesel exhaust – is called nasopharyngeal carcinoma. Some leukemias, often called blood cancers, are caused by exposure to benzene, a component of diesel exhaust. If you suspect that your illness, or that of a loved one, was caused by exposure to diesel exhaust, contact a knowledgeable diesel attorney today to learn more.

No. For instance, in the case of a railroad diesel mechanic, that individual might have been exposed to diesel exhaust while working in an improperly ventilated roundhouse near running locomotives. But his everyday work exposures may have amounted to a toxic soup of cancer-causing agents. A diesel mechanic might have also been exposed to asbestos from insulation in the shop or from working with asbestos brakes and gaskets years and years ago. He was likely exposed to silica dust from locomotive sand hoppers. He may have been exposed to welding fumes and metal dust from grinding. All of these exposures contribute to an unsafe workplace. In bringing your lawsuit, Diesel Injury Law will investigate your unique workplace and make all appropriate claims.

Depending on the laws that apply, you likely still have a claim. In railroad cases, for instance, the Federal Employers Liability Act allows for a recovery where the plaintiff can show that the railroad’s negligence played a part, even the slightest, in causing the injury. Occupational Medicine doctors have found that the mixture of workplace exposures to diesel exhaust or asbestos – on the one hand – with cigarette smoking – on the other hand – makes a person far more likely to end up with cancer as opposed to just smoking alone.

If you ride in locomotives, you are protected by a strict liability federal statute that prohibits the presence of diesel exhaust in the cabs of locomotives. If a jury finds that the presence of diesel exhaust in locomotive cabs contributed to your illness, any award will NOT be reduced for your smoking (i.e. there will be no “comparative negligence”).

Under Workers’ Compensation laws, different states across the Midwest have different standards of proof. If you want to learn whether you have a claim despite a previous smoking addiction, call Diesel Injury Law today and speak with a diesel attorney.

es, you should still have a claim. Many of the illnesses associated with diesel exhaust exposure can lay dormant for years, even decades, from the time of the actual workplace exposure. Your realization that your work exposures may have contributed to your illness will likely trigger the running of the time that you have to file a lawsuit. If you want to learn more about statutes of limitations on diesel exhaust cases, call a diesel attorney today. And don’t wait – your time can run out!

Diesel Injury Law is based in Chicago, Illinois, one of our nation’s main transportation and industrial hubs. The focus of our practice is serving railroad workers with occupational diseases like cancer, Parkinson’s and leukemia. While the scope of our practice is narrow, we gladly serve individuals all across the country. By partnering with local firms in your state, we can become licensed in your state for your case only. Regardless of where you live, we will personally travel to meet you to discuss your case.

There is unfortunately no crystal ball that can predict the outcome or timeline of your unique claim. Depending on the facts of your case, some defendant corporations may consider a settlement relatively early on. Other defendant corporations will only pay after a jury verdict. Appeals of jury verdicts do occur, lengthening the process.

The time that it takes to bring a case to trial is largely dependent on the local court’s docket. For instance, it will likely take a lot longer to bring a case to trial in the crowded Circuit Court of Cook County, as opposed to the United States District Court for the Western District of Wisconsin. To learn more, call an experienced diesel attorney today.

There are different statutes of limitations in different states. Different claims also have different periods in which you are allowed to file a lawsuit. The statute of limitations under a FELA case is 3 years. The statute of limitations under a workers compensation claim may be far shorter.

Arguments can be made that a cause of action only accrues when a sickened worker or loved one realizes that the workplace exposures were the cause of the illness. So even if your loved one passed away years ago, if no one ever suspected that his or her workplace contributed to the illness, Diesel Injury Law may be able to establish that you have a timely case. To learn more, call and speak with a diesel attorney today. Your time to file may be running out.

Every case is different. There are many variables in a diesel exhaust case that must be considered in determining damages. For example, a plaintiff’s current age is relevant. Do you have young dependents that you can no longer support? Did the illness shorten your work life resulting in lost wages? The pain and suffering attributable to an asthma claim is different from that of a cancer claim. Medical bills and expenses may be recoverable in some cases and not others.

In order to ensure that you recover all the damages available to you, it is important to maintain all of the bills and receipts related to your illness or the illness of a loved one. Call a Diesel Attorney today to learn more about the value of your case.

You do. After being informed of the outcome of comparable cases by your experienced diesel attorney, the decision to accept a settlement payment or proceed to trial will be yours to make.