According to the American Lung Association (ALA), exposure to asbestos, radon, and other toxic chemicals can elevate a person’s likelihood of developing lung cancer. In addition to this life-altering diagnosis, when a medical professional fails to properly diagnose the condition, a patient may face a variety of health-related challenges.
If you or a loved one developed lung cancer through exposure to toxic chemicals or suffered as a result of medical malpractice, you have legal recourse options. The team at Pintas & Mullins Law Firm can help you establish your case and identify the party that may be liable for your losses. You can work with an Illinois lung cancer lawyer to negotiate for a pre-trial settlement or file a lawsuit.
To discuss your Illinois lung cancer case with Pintas & Mullins Law Firm, you can reach out to us at (800) 217-6099.
Explaining the Financial Recovery Process
Many injured claimants shy away from legal representation because they do not want to go to court. However, you may not need to file a lawsuit to recover compensation. Upon determining liability for your losses, an Illinois lung cancer lawyer will draft and send a demand letter to the liable party. In your demand letter, your lawyer will outline the details surrounding your lung cancer diagnosis and the cost of your resulting losses.
Should the liable party accept responsibility for your condition, your legal team will attempt to negotiate an out-of-court settlement.
Filing a Lung Cancer Lawsuit
In some situations, however, the liable party may refuse to acknowledge their role in your case. Should you still wish to pursue compensation, then you can file a lawsuit and argue your case before a judge and jury. Through evidence, you will need to prove beyond a reasonable doubt that your lung cancer diagnosis directly stemmed from the actions of another party.
Some forms of evidence may include:
- Your medical records. You will need to establish that you, in fact, have a lung cancer diagnosis. The results of imaging scans, lab tests, and your treatment plan may establish that you have lung cancer.
- Your employment records. You may have come into contact with a toxic chemical during the course of your job. For instance, if you worked on a construction site, you may have come into contact with asbestos. These records will prove that you came into contact with a toxic substance.
- Statements from witnesses. Statements from your health care team, family members, and employers can establish the impact of the illness on your life.
For most personal injury cases, Illinois allows claimants up to two years to file a lawsuit, per 735 ILCS 5/13-202. However, this deadline may not apply to you. The date of your initial exposure, the date you received your diagnosis, and other extenuating circumstances may grant you additional time to act.
Pintas & Mullins Law Firm can evaluate your situation and carry out legal action accordingly.
Determining Compensation for Your Expenses
The value of your Illinois lung cancer case will include the cost of your economic and non-economic damages. Economic damages come with a defined dollar value, exemplified by receipts, invoices, and billing statements. Noneconomic damages, however, do not have a pre-established monetary value. An Illinois lung cancer lawyer can determine what expenses may be available to you.
With that in mind, some recoverable losses in your Illinois lung cancer case may include:
- Your past, present, and future cancer-related medical expenses
- The cost of assistive devices, such as a wheelchair or an oxygen tank
- The cost of prescription medications
- The cost of respiratory therapy, if advised
- The cost of psychological counseling, if necessary
- Pain and suffering
- Lost wages
- Reduced earning capacity
If you lost a loved one to lung cancer, you could file a wrongful death claim or lawsuit on their behalf. Compensable losses include payment for funeral expenses, lost income, the decedent’s final medical bills, and pain and suffering.
Considerations When Responding to Settlement Offers
Liability for your lung cancer-related expenses may rest on a large corporation or medical professional. Upon receiving notice of your intention to pursue legal action, the liable party may offer you a settlement. The decision of whether to accept an offer depends on you. If you feel that a settlement offer satisfies the cost of your expenses, your case will come to a conclusion. However, if not, an Illinois lung cancer lawyer can negotiate with the liable entity to reach a fair resolution.
Your legal team will handle all of the obligations that go into recovering compensation for your expenses.
Yet, while dealing with the insurance company, some considerations to keep in mind include:
- The insurance company does not work for you. They may employ unfair strategies to deny or undervalue your losses.
- If you give a recorded statement, be aware that what you say may not work to your advantage.
- If you accept a settlement offer, your case is over, and you will be unable to pursue additional funds.
To learn more about managing communications with the involved insurance company, call Pintas & Mullins Law Firm today.
Let an Illinois Lung Cancer Lawyer Fight on Your Behalf
Pintas & Mullins Law Firm operates on a contingency-fee-basis, meaning that injured claimants have the ability to recover compensation at no out-of-pocket cost to them or their family. We take compensation for our services out of the settlement or court award at the conclusion of your case.
Lung cancer can cast a shadow on every aspect of your life, whether you or a loved one received a diagnosis. Pintas & Mullins Law Firm recognizes how life-changing these types of diagnoses are. We want to help you pursue monetary compensation if your expenses stemmed from the negligent actions or practices of another party.
Exposure to toxic chemicals, such as radon or asbestos, can endanger a person’s health. Additionally, medical malpractice can also threaten a person’s ability to physically recover. Our team can employ legal measures to hold the liable party accountable for their actions and recover compensation for your various expenses.
To connect with Pintas & Mullins Law Firm, you can call (800) 217-6099.