Smoking is not, as it turns out, the primary cause behind a lung cancer diagnosis, even though the practice can put you at higher risk. Exposure to products like asbestos and radon can also cause lung cancer to take hold in a person’s body.
If you believe that these conditions may have caused you or a loved one to develop lung cancer, or if you believe medical malpractice played a role in your worsening condition, then you can fight for a settlement based on your losses alongside Pintas & Mullins Law Firm.
To reach out to us, call (800) 217-6099.
What a Kansas Lung Cancer Lawyer Can Do for You
You do not have to fight for justice alone after a lung cancer diagnosis. Instead, our team can help you find your footing by:
Responding to a Lung Cancer Diagnosis
Note that while it is legal for property owners, construction companies, and other institutions to use asbestos at their leisure, they do so accepting the risk it presents both to:
- Other parties they happen to invite onto their property
As such, if you believe your lung cancer diagnosis may be affiliated with your exposure in some way, you can still take legal action against the party you believe to be responsible for your losses.
You do not have to wait to take legal action after a lung cancer diagnosis, whether you believe the diagnosis to be related to inappropriate exposure or medical malpractice. Pintas & Mullins Law Firm knows how disruptive these diagnoses can be, especially when they have been worsened or otherwise complicated.
Together with a Kansas lung cancer lawyer, you can work to submit a complaint to your local court within the state’s statute of limitations, as established by Kansas Statutes Annotated (KSA) §60-2403(a)(1). From there, you can fight for the compensation to which you may be entitled.
For a free legal consultation with a Kansas Lawyer serving Kansas, call (800) 794-0444
What to Do When You Receive a Settlement Offer
While you can choose to take a case involving lung cancer liability to court, that does not have to be your first option. In many cases, should your case go public, the potentially liable may choose to reach out to you with a settlement to avoid going to court. If the party is a hospital or institution, you may feel as though you are obligated to accept an offered settlement straight off of the bat.
This is not the case. You can take an offered settlement to a practicing lawyer to look over for yourself. Together, you can calculate your potential compensation and compare that figure to what has already been offered to you. If you believe any settlement appears insufficient, your lawyer can negotiate on your behalf.
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Taking Legal Action
You may not, however, receive a settlement offer. In these cases, you still have options available to you, especially if you do not want to immediately take your case to court. These options include filling out legal documents such as demand letters and legal complaints.
Demand letters are legal documents that allow you to present your calculated potential compensation to the liable party. When using one, you set the bar for your requested financial award early and can negotiate from there.
There are some times when the liable party refuses to communicate with you. In these cases, a lawyer can work with you to draft a complaint establishing duty of care, its violation, and your losses.
Complaints, like demand letters, are legal documents related to civil cases. Where you present a demand letter to a potentially liable party, however, you present a complaint to your local court.
You can use your complaint to bring the identity of the other party to the attention of a court in your area. Note, though, that you must include some evidence backing your claim if you want a judge to bring your case to court.
You will also want to detail what losses you or a loved one endured as a result of the diagnosis. These calculations can include the medical expenses you or a loved one have had to endure while pursuing treatment for your condition, as well as any non-economic losses you may wish to consider—including pain and suffering. If you are not sure what non-economic losses might apply to your case, work with Pintas & Mullins Law Firm to explore your options.
As mentioned, a lawyer can help you submit a complaint to your local courts before Kansas’s medical malpractice or personal injury statute of limitations expires. From there, a court can determine whether or not the case seems appropriate for the legal setting and can, in turn, contact the potentially liable party on your behalf.
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A Kansas Lung Cancer Lawyer Can Fight on Your Behalf
With the medical expenses from a lung cancer diagnosis to deal with, you may be reluctant to seek out legal aid for fear of the cost affiliated with it. Myths surrounding legal firms often suggest that the cost of working with a lawyer can exceed the settlement that said party can help you secure.
This is not the case, especially when the firm you choose to work with operates on contingency, as Pintas & Mullins Law Firm does. The American Bar Association (ABA) affirms that firms who operate on contingency will not charge you for the services you seek out, unless a court or liable party chooses to award you a settlement for your losses. Once you establish that agreement, you can then pay the attending firm with a percentage of your settlement.
To reach out and start building your case, you can call us at (800) 217-6099.