Lung cancer has many causes, one of which involves exposure to toxic chemicals, according to the Agency for Toxic Substance and Disease Registry (ATSDR). After prolonged exposure to radon, asbestos, or radiation, one may receive a lung cancer diagnosis. If this happened to you, you may have the basis of a civil claim or lawsuit to recover compensation. An Iowa lung cancer lawyer can review the facts of your situation and explain what parties you can hold accountable for your losses.
Pintas & Mullins Law Firm can guide you through the financial recovery process and work toward the best possible outcome in your legal case. You can get started exploring your options as soon as you give us a call.
To begin a free consultation, dial (800) 217-6099.
Liable Parties in Your Iowa Lung Cancer Case
To recover compensation for your various expenses, your Iowa lung cancer lawyer will first need to determine liability. They will need to consult with medical professionals, review your employment history, and gather evidence to determine what circumstances led to your diagnosis.
The National Cancer Institute states that it can take anywhere from 10 to 40 years for symptoms of lung cancer to arise following exposure to a toxic chemical. To determine what elements caused your diagnosis, your lawyer may need to conduct a comprehensive investigation into your medical history, employment records, and residency.
A liable party in your case could involve a product’s manufacturer. Since the late 1800s, asbestos was a common element in many buildings’ insulation and roofs. You may have a case for compensation against a product manufacturer who knowingly made products that contained asbestos. You could also have a case against a drug manufacturer. Recently, it has come to light that Zantac, a popular heartburn medication, has the propensity to cause cancer, according to the U.S. Food & Drug Administration (FDA).
You could implicate multiple parties in your insurance claim or lawsuit. This may grant you several avenues of recovering compensation.
Liability May Rest on a Medical Professional
If you received substandard care from a medical professional regarding your lung cancer diagnosis, you may have the basis of a medical malpractice claim. In this situation, you would need to argue that because a medical professional made a poor decision in regard to your health, you have needlessly suffered.
You may have a medical malpractice claim if:
- The caregiver did not review your medical history before providing treatment.
- The caregiver did not properly diagnose your condition.
- The caregiver did not perform the necessary testing to arrive at a conclusive diagnosis.
You must prove that the liable party in your case did not act the same way that another professional would have in the same situation. You may have a case against a negligent medical professional and the party who caused your lung cancer. Yet, managing two cases at the same time may quickly become complicated. A lawyer from Pintas & Mullins Law Firm can take on this obligation for you while you focus on your health.
Working with an Iowa Lung Cancer Lawyer
Pursuing compensation for your losses following a lung cancer diagnosis in Iowa can be a complicated process. You can choose to work with a lawyer to better understand your rights and how you can pursue justice for your losses.
Your lawyer can:
- Determine liability for your cancer-related expenses
- Evaluate the cost of your health care expenses and other associated losses
- Explain whether joining a mass tort could serve your legal goals
- Negotiate with the liable entity
- Gather evidence to support your allegations
- Record statements from your health care team and other expert witnesses
- File a lawsuit, if necessary
In some cases, the liable party may extend a settlement offer before you have time to consider your legal options. You are not required to accept any amount of money from the liable party if you do not believe that it is a fair offer. When you work with an attorney from Pintas & Mullins Law Firm, we can evaluate any potential settlement offers for fairness. We want to bring a favorable resolution to your legal matters. Call our law firm today to begin.
Recovering Compensation through a Lawsuit
If you do not receive a settlement offer from the liable party, do not worry; there are still legal options available to you. After evaluating your situation, your lawyer may determine that a lawsuit can advance your legal goals.
Your lawyer can aid in your pursuit of compensation by:
- Submitting your lawsuit and its necessary documents to the appropriate court
- Reviewing the outcomes of other cases similar to yours
- Presenting evidence of your lung cancer diagnosis and its cause
- Evaluating the cost of your economic and non-economic damages
- Naming the liable party (or parties) in your lawsuit
- Arguing your case before a judge
Upon filing a lawsuit, the liable party may extend a fair settlement offer to avoid going to court. Pintas & Mullins Law Firm can start evaluating the details of your case today. Get in touch with our team to get started.
For a free legal consultation with a Iowa Lawyers Lawyer serving Iowa, call (800) 217-6099
Compensable Losses in an Iowa Lung Cancer Case
When pursuing compensation, you will need to understand the monetary value of your losses. This will help you understand what constitutes a fair settlement offer. Your lawyer can review the various aspects of your situation to calculate the value of your case.
Some recoverable damages include:
- Medical expenses, both present and future
- The cost of assistive devices, such as an oxygen tank
- The cost of prescription medications
- Respiratory therapy, if recommended by a medical professional
- Mental health counseling
- Pain and suffering
- Lost wages
- Lost opportunities for employment
You may have lost a loved one following a lung cancer diagnosis. You may have the basis of a wrongful death claim or lawsuit. Some compensable losses in these cases may include your loved one’s funeral, their medical bills, and loss of consortium.
Iowa Iowa Lawyers Lawyer Near Me (800) 217-6099
An Iowa Lung Cancer Lawyer Can Help You Today
If you want to take action after a lung cancer diagnosis, Pintas & Mullins Law Firm can help. With an Iowa lung cancer lawyer, you can determine what legal measures can promote your right to compensation.
To start building your case, you can call (800) 217-6099.