Although some Americans are diagnosed with lung cancer due to smoking tobacco or inhaling secondhand smoke, the exposure to dangerous chemicals and substances is what causes lung cancer for others. The Agency for Toxic Substances and Disease Registry (ATSDR) notes that cancer-causing chemicals may be found in the workplace. Some of these dangerous substances include, but are not limited to:
- Chromium compounds
- Coal products
- Diesel exhaust
These cancer-causing agents are known as carcinogens, and any exposure to them may increase your risk of developing lung cancer. There is also a risk of forming bronchus cancer, a subtype of lung cancer. With data collected between 2015 and 2017, the National Cancer Institute (NCI) found that both men and women have a 6.3% chance of receiving a diagnosis of lung or bronchus cancer at some point during their lives.
If you suspect someone else’s negligence led to your exposure to cancer-causing agents and the diagnosis of lung cancer, you have the legal right to pursue justice and compensation. At Pintas & Mullins Law Firm, a California lung cancer lawyer can protect your rights and fight for fair compensation on your behalf. We can investigate your diagnosis and determine which parties should be liable for your condition. To start a free case evaluation with Pintas & Mullins Law Firm, call us today at (800) 217-6099.
How Pintas & Mullins Law Firm Can Support Your Lung Cancer Case
While you are seeking treatments for lung cancer, a California lung cancer lawyer from Pintas & Mullins Law Firm can help you and your family. Following the completion of your free case evaluation, our law firm can handle the entirety of your legal case on your behalf. This means you will not have to worry about monetizing your damages, investigating for liability and negligence, or communicating with insurance companies.
Pintas & Mullins Law Firm can take the stress of a legal case off your shoulders, as we understand that you are facing a serious medical battle with lung cancer. We also understand that a legal fight for compensation takes time, and your time and energy should be focused on your family and cancer treatments.
After we have completed your free case evaluation, Pintas & Mullins Law Firm can wade you through your options for pursuing compensation. These options may include settlement negotiations or a trial. Regardless, we can help you identify damages that will determine the value of your case, such as your medical expenses.
If we are unable to secure fair compensation during an insurance settlement, we may be able to file a personal injury lawsuit within California’s statute of limitations. As stated under the California Code of Civil Procedure (CCP) §335.1, you generally have two years from the date of your lung cancer diagnosis to file a personal injury lawsuit. Your California lung cancer lawyer can help you start the legal process quickly after your diagnosis, which can help preserve your right to legal action.
Establishing Liability and Negligence
One of the most critical aspects of a California lung cancer lawyer’s job will be to establish liability and negligence.
Proving to an insurance company or a jury that the defendant caused your lung cancer diagnosis, and subsequent financial losses, will require proof of the four elements of negligence:
Establishing a Legal Standard of Care
The National Center for Biotechnology Information (NCBI) defines a standard of care as a duty that motorists, property owners, and other groups must follow to protect you and others from an unreasonable risk of harm. In the case of a lung cancer diagnosis, an employer could put you in at an unreasonable risk of harm by working in conditions that included carcinogens in the workplace.
Proof That the Defendant Breached This Duty of Care
With the aid of a California lung cancer lawyer, we can fight to prove that the defendant’s action or inability to act put you at a risk of exposure to cancer-causing substances.
Causation Between the Defendant’s Breach and Your Lung Cancer Diagnosis
If it is discovered that the defendant was aware of these dangerous conditions that caused your lung cancer diagnosis, we can make a connection between this breach of care and your condition.
Proof of an Injury
Finally, we must prove that you have been diagnosed with lung cancer or related conditions due to the exposure of cancer-causing substances. Pintas & Mullins Law Firm can also help present evidence of your related damages, such as medical bills.
Awards for a California Lung Cancer Case
After we prove that someone else’s negligence caused your lung cancer diagnosis, Pintas & Mullins Law Firm can fight for fair compensation on your behalf. Your financial award will depend on the unique characteristics of your case. Some damages from your case may include:
- Hospital stay costs due to your cancer diagnosis
- Current or future medical expenses
- Pain and suffering
- Current or future lost wages
- Emotional distress
- Loss of consortium
- Loss of enjoyment
- Mental anguish
- Reduction in quality of life
- Wrongful death
During a wrongful death lawsuit, claimants may seek compensation that covers more than just a funeral or cremation service. Additional awards may include loss of financial protection, loss of companionship, loss of a parental figure, and more.
Consider a California Lung Cancer Lawyer Today
When faced with a lung cancer diagnosis, you may be left with many questions. For instance, you may be questioning why you were diagnosed or how you can legally proceed when your cancer resulted from someone else’s wrongdoing.
To further understand your legal recourse options, begin a free case evaluation today with Pintas & Mullins Law Firm when you call us at (800) 217-6099.