Getting diagnosed with lung cancer can be life-changing news. To make matters worse, you may discover that someone else’s negligence led to your exposure to dangerous chemicals or substances that caused your diagnosis.
These cancer-causing agents may even be found in your workplace, which could lead you to pursue legal action upon a diagnosis of lung cancer. According to the American Cancer Society, radon exposure is the second leading cause of lung cancer in the U.S. Additional cancer-causing agents include asbestos, diesel exhaust, arsenic, and coal products.
As explained by the Centers for Disease Control and Prevention (CDC), there are two main types of lung cancers: small cell lung cancer and non-small cell lung cancer. Regardless of your cancer type, you will need medical professionals to treat your condition, which will result in medical expenses. These treatments may include radiation therapy, chemotherapy, surgery, targeted therapy, and more.
When diagnosed with lung cancer due to someone else’s negligence, you have legal rights to pursue compensation that covers your damages. At Pintas & Mullins Law Firm, an Arizona lung cancer lawyer will stand by you and your family during these difficult times. Our firm will argue your claim throughout the entirety of your legal case, which may end in a settlement or judgment.
For a free consultation, contact Pintas & Mullins Law Firm today at (800) 217-6099.
Potential Awards from a Lung Cancer Case
To determine how much compensation you could receive in a lung cancer case, your Arizona lung cancer attorney from Pintas & Mullins Law Firm must review your damages. Once we prove that someone else’s negligence led to your lung cancer diagnosis, we can begin to negotiate a settlement with the defendant (the party you sue) and their insurance or legal team.
With a favorable judgment or settlement for your case, you may be awarded compensation for a variety of items. These damages, known as your losses or out-of-pocket expenses, may include:
- Current medical expenses
- Projected future medical expenses
- Pain and suffering
- Lost wages
- Missed future wages
- Emotional distress
- Loss of consortium
- Loss of enjoyment
These damages are both economic and non-economic losses. Pintas & Mullins Law Firm can help you obtain evidence of your economic damages, such as hospital bills after consulting with your medical professionals.
While economic damages typically have a monetary value attached to them, your non-economic losses will require a longer process to accurately monetize their value. Fortunately, your Arizona lung cancer lawyer will assist you in this process so you can demand fair compensation that covers all your damages.
If your loved one lost their life from their battle with lung cancer, Pintas & Mullins Law Firm may file a wrongful death lawsuit on your behalf. These lawsuits will fight to recover compensation for any funeral costs, cremations, loss of companionship, and more.
How Negligence May Lead to a Lung Cancer Diagnosis
Negligence is the process of acting carelessly or from a failure to act where a reasonable person would have acted. As stated by the American Bar Association (ABA), this “conduct becomes ‘negligent’ when it falls below a legally recognized standard of taking reasonable care under the circumstances to protect others from harm.”
Determining if your lung cancer was the result of someone else’s negligence is no easy task, especially if your exposure occurred years before your diagnosis. At Pintas & Mullins Law Firm, your Arizona lung cancer lawyer will conduct a full investigation into your diagnosis to determine how you were exposed to dangerous and cancer-causing chemicals.
For instance, we may discover that you were exposed to these substances at your place of work. There are many types of dangerously inhaled chemicals that are still actively present across workplaces in America. If your employer puts you or someone you know at risk to the exposure of cancer-causing agents, their negligence should be held accountable.
To learn more about building a lung cancer case under the basis of negligence, contact Pintas & Mullins Law Firm. Once you have completed your free case evaluation, our firm can get started pursuing fair compensation on your behalf.
Filing a Lung Cancer Lawsuit in Arizona
When fighting for compensation, Pintas & Mullins Law Firm will first begin with out-of-court negotiations with the defendant’s insurance company and legal team. During these negotiations, we will work to earn you a fair settlement offer. In many cases, the first offer from an insurance company is much less than you deserve.
If your Arizona lung cancer lawyer is unable to secure fair compensation during these settlement negotiations, we will file a personal injury lawsuit on your behalf. In order to do so, your case must fall within the statute of limitations for personal injury lawsuits in Arizona.
As stated under Arizona Revised Statutes §12-542, claimants typically have up to two years from the date of their incident to file a lawsuit. This means you are granted two years from the date of your cancer diagnosis to file a lawsuit that seeks compensation for damages.
The two-year statute of limitations also applies to wrongful death lawsuits in Arizona. If you file your case beyond the statute of limitations, you may be unable to seek compensation for your damages. This is because a judge would likely dismiss your case upon a late filing.
Seek Fair Compensation with Pintas & Mullins Law Firm
When seeking fair compensation for your lung cancer diagnosis caused by someone else’s negligence, contact Pintas & Mullins Law Firm. We understand how traumatic this experience may be for you and your family. While you focus on spending time with your family and obtaining treatment, our team will fight to get you fair compensation.
To start a free case evaluation with a member of our team, call us at (800) 217-6099.