Some workers inhale or swallow asbestos fibers as a part of their work environments. When this occurs, these workers can develop serious diseases, including lung cancer and mesothelioma, a closely related cancer that also arises from asbestos exposure. If you have developed lung or other cancers as a result of asbestos present in your workplace, you may want to consult with a Louisiana lung cancer lawyer for legal advice about your rights to compensation.
At Pintas & Mullins Law Firm, we know how devastating a lung cancer diagnosis can be. You and your family are likely experiencing stress and financial strain due to your condition. We can handle your claim on a contingent-fee basis, which means that we do not receive payment of our fees until you receive compensation for your injuries. Call (800) 217-6099 today to get more information about the legal services that we offer our clients.
Lung Cancer and Asbestos Exposure
According to the Mayo Clinic, lung cancer is the leading cause of cancer death in the U.S. Although various environmental conditions, health choices, and other factors can cause lung cancer, exposure to asbestos, usually in the workplace, is a significant risk factor for developing lung cancer. This risk is even greater for people who both work around asbestos and smoke regularly.
Likewise, the National Cancer Institute (NCI), a division of the National Institutes of Health, reports that asbestos is a known carcinogen, and exposure to it can result in various types of cancer. Lung cancer is one of the most common types of cancers that can result from asbestos exposure, along with mesothelioma, larynx cancer, and ovarian cancer. Asbestos exposure also may increase the risk of asbestosis and other lung or pleural conditions that, in turn, may heighten the chances of developing lung cancer.
Compensation for Victims of Asbestos Exposure and Lung Cancer
People who develop lung cancer as a result of asbestos exposure may be eligible to collect compensation for their injuries from their former employers or other potentially responsible parties. Although the type of compensation available varies from one case to another, common types of compensation that you may be able to get in a lung cancer claim include:
- Current and future medical expenses
- Permanent physical impairment and pain and suffering
- Lost wages and lost earning capacity
- Loss of consortium, spousal support, and financial support for dependents
If lung cancer ultimately becomes fatal for victims, family members may be able to file a wrongful death claim in place of the victim filing a personal injury claim. Other potential damages in a wrongful death claim could include funeral and burial expenses, loss of support, loss of services, and loss of love and affection.
The impact of a lung cancer diagnosis can be devastating for both you and your family. Seeking justice for the negligence that caused your asbestos exposure is one way to hold the responsible parties accountable for their actions and seek compensation for your losses. Consulting a Louisiana lung cancer lawyer about your legal options can be a first step toward achieving these goals.
Asbestos Trust Fund Claims
In many cases, injury victims can seek relief from asbestos bankruptcy trusts, which is much different than filing a civil lawsuit in court. Some companies that manufactured or used products using asbestos used the bankruptcy code to set up trust funds as a source of compensation for people who suffered injuries due to asbestos exposure. However, the amount of money in these funds is limited, so they only pay out a specific percentage of the claims of each injury victim. Claims through these funds often resolve much more quickly than lawsuits, which can be important to some lung cancer victims and their families.
Making a claim to an asbestos trust fund involves providing proof that you suffered exposure to the specific product or products for which the trust fund provides compensation. Asbestos exposure is often related to your occupation, so you will need to give detailed information about your work history and environment. You also must provide evidence that a doctor has diagnosed you with an asbestos-related disease. Your medical records often are sufficient to support your diagnosis.
Statutes of Limitations and Lung Cancer Claims
Civil Code (CC) §3492 establishes the statute of limitations for filing legal claims for compensation stemming from asbestos exposure and the development of lung cancer. A statute of limitations is a deadline or timeframe in which individuals must file a lawsuit. If they fail to meet the appropriate deadline, they can lose the chance to obtain any compensation for their injuries.
Louisiana has a one-year statute of limitations for personal injury claims. As a result, you must file your claim against the parties responsible for your asbestos exposure within one year of your lung cancer diagnosis. Likewise, if you lost a loved one due to lung cancer, immediate family members can step in and pursue a wrongful death claim. However, they, too, are subject to the one-year statute of limitations from the date of diagnosis.
Get Legal Advice and Information About Your Claims for Compensation
Lung cancer and other diseases may not surface until many years after you suffered exposure to asbestos in your workplace or during your military service. You may be eligible for compensation, whether through an asbestos bankruptcy trust or a civil personal injury or wrongful death lawsuit. Due to strict time limits under state law, you must take care not to miss your window of opportunity to file a claim. A Louisiana lung cancer lawyer can assess your situation and determine your eligibility for these forms of relief.
Handling the aftermath of a lung cancer diagnosis can be stressful. You likely are concerned about your health, your family, and the massive medical expenses that you may be facing. Allow the staff and attorneys at Pintas & Mullins Law Firm to guide you through every step of the claims process. Call our office at (800) 217-6099 and learn what you need to do to get started on your claim.