Asbestos exposure from many years ago can lead to lung cancer and other lung diseases. Whether your exposure occurred in the workplace or while serving in the military, you may have legal recourse against those who failed to protect you from the adverse effects of asbestos in your environment. By contacting a Massachusetts lung cancer lawyer, you may be able to seek compensation for the losses related to your lung cancer.
The costs of lung cancer treatment can be immense and ongoing for a lengthy period. You should not be responsible for those enormous costs. Instead, those responsible for causing your asbestos exposure should bear the financial burden of your treatment and other losses. By calling the Pintas & Mullins Law Firm at (800) 217-6099, you can start pursuing compensation and holding other parties accountable for their negligence.
Liable Parties in Your Lung Cancer Claim
Various parties may be responsible for the losses you have suffered due to a lung cancer diagnosis following asbestos exposure. You may have a claim against a former employer if it was a company that regularly utilized products containing asbestos, failed to warn you of exposure, or failed to provide you with adequate protective measures. You might have a claim against a manufacturer of the asbestos products for failing to warn you of the dangers of using the product. Whatever the case may be, you should not bear the burden of your medical bills and other losses alone if other parties are responsible.
With the assistance of a Massachusetts lung cancer lawyer, you can seek compensation from an asbestos trust fund that some companies created to compensate asbestos injury victims who used their products. You generally must provide evidence of past asbestos exposure to the product that the trust fund covers, as well as evidence of your diagnosis and the fact that it stemmed from your asbestos exposure. Trust-fund claims tend to proceed more quickly than lawsuits, which can benefit you and your family.
Alternatively, you may have grounds for a lawsuit. Although lawsuits can be lengthy to resolve, most lawsuits result in a settlement. However, if the responsible parties deny culpability for your asbestos-related injuries, we can prepare and proceed to trial as needed. Our attorneys can help you choose the path that is right for you and your family based on your situation.
Wrongful death claims may be available when your loved ones die from asbestos-related lung cancer. As immediate family members, you may have the right to pursue these claims on behalf of your loved ones. While compensation cannot restore your family, it can assist you with the financial burdens left by the illness and death of your loved one.
Compensation in Lung Cancer Cases
The losses that injury victims with a lung cancer diagnosis can face are substantial. Victims may be unable to work, losing current income, and may become permanently unable to work. The likelihood of significant medical bills for treatment also is high, as lung cancer patients often require a lengthy course of treatment that may include chemotherapy, radiation, and surgery, depending on the stage of the cancer. Even with insurance coverage, out-of-pocket costs for co-pays, deductibles, and out-of-network treatment can be tremendous. Paying these costs while being unable to work can create an impossible situation, particularly when considering that most people also have regular monthly bills to maintain, such as for housing, utilities, and transportation.
Deadlines for Filing Lung Cancer Claims
Massachusetts General Laws (MGL) Chapter 260 §2A governs the general deadline or statute of limitations for filing personal injury claims, such as those related to lung cancer from asbestos exposure. Under this law, injury victims have three years from the date of their injuries to file their claims. However, injury victims often do not receive a lung cancer diagnosis until decades after their asbestos exposure.
Nevertheless, injury victims in this situation may be able to recover compensation under the “discovery rule.” Under this rule, the three-year statute of limitations is tolled, or does not start to run, until the injury victims learn that they have lung cancer stemming from asbestos exposure. These victims would have three years from the date of their diagnoses to pursue their claims.
In some cases, a lung cancer diagnosis comes too late for any effective form of treatment. When this situation occurs, you still may have legal recourse. The statute of limitations for a wrongful death claim arising from asbestos-related lung cancer is also three years under MGL Chapter 229 §2. This three-year period runs either from the date of the injured victim’s death or from the date that the family members of the deceased knew or should have known that a claim existed. A wrongful death action gives family members a chance to recover awards for the loss of their loved one.
Legal Representation for Your Massachusetts Lung Cancer Claim
The attorneys and staff at Pintas & Mullins Law Firm realize and understand that you and your family are going through an incredibly challenging time in your lives. The pressures of arranging medical care, assessing finances, and dealing with the emotions that a cancer diagnosis produces can be overwhelming. You may not be able to handle necessary legal matters on top of everything else.
By contacting (800) 217-6099, you can enlist help to guide you through a legal claim for compensation. We can remove some of the burden from your shoulders and hopefully relieve some of your stress. Together, a Massachusetts lung cancer lawyer can fight for justice on your behalf and hold the responsible parties accountable for negligent actions.