Learning you have lung cancer can shock and overwhelm you and your family. The knowledge that your former employer or the manufacturer that provided products in your home or workplace could have prevented your lung cancer can prove even more devastating.
If you have fallen victim to lung cancer due to asbestos exposure, you might want to consult a Michigan lung cancer lawyer to determine your eligibility to seek compensation for your losses.
At Pintas & Mullins Law Firm, we know how financially stressful a lung cancer diagnosis can be. Not only will you likely incur substantial medical bills, but you also may become unable to work, perhaps permanently.
As a result, you may wonder whether you can afford legal assistance. Our team will take your case on contingency, meaning you do not pay any upfront fees to handle your claim. We receive no payment unless the parties responsible for your injuries compensate you for your injuries. Call us today at (800) 217-6099 to learn more.
Proving Fault in Lung Cancer Claims
Various parties may have liability or financial responsibility for your asbestos exposure and eventual lung cancer diagnosis. First, suppose you worked for a company that manufactured or used products containing asbestos. In that case, you could hold that company responsible for failing to protect you from the adverse effects of exposure to asbestos products. You could also hold the product manufacturer accountable for providing you with goods containing asbestos with no warnings regarding their dangers.
Businesses have a legal duty to keep their employees safe by warning them of hazards and requiring and providing personal protective equipment to protect them from harm. Companies manufacturing consumer products also have a legal duty to create products that keep consumers safe from harm, as well as warn of the dangers of the reasonably foreseeable use of these products.
As a result, when companies violate these legal duties of care and injuries result in the form of lung cancer or other similar conditions, injury victims have a right to claim compensation for their losses. Some companies who later went bankrupt have set up trust funds to compensate asbestos-related disease victims. You could make a claim from one of these funds if one exists for the products that you used at home or your place of employment.
You could also file a civil suit for compensation against the responsible parties with the help of a Michigan lung cancer lawyer. Call Pintas & Mullins Law Firm today to discuss your options with a team member.
Compensation in Lung Cancer Claims
Awards in any lung cancer claim typically include both economic and non-economic damages. Economic damages reimburse losses that you can easily calculate, such as medical expenses. Noneconomic damages are those intangible losses that are difficult to put into monetary terms, such as pain and suffering.
However, the type of claim you file determines what types of compensation you could recover, and the extent of that compensation in some cases.
Personal Injury Claims
In personal injury claims stemming from lung cancer caused by asbestos exposure, economic damages include payment for medical bills (e.g., hospitalization, surgical costs, and rehabilitation expenses), lost wages, and reduced earning capacity if your diagnosis leaves you unable to work, either temporarily or permanently. Personal injury claims also allow victims to recover non-economic damages, such as compensation for pain and suffering, emotional trauma, and more.
Product Liability Claims
In a product liability claim, injury victims claim harm due to using dangerous products containing asbestos. Available compensation in these claims is much like that for personal injury claims. However, state law places caps on noneconomic damages in product liability cases. The Michigan Department of Treasury adjusts this cap annually. For 2020, the non-economic damages cap under Michigan Compiled Laws (MCL) §600.2946a is $471,800. If the defective product leads to death or the permanent loss of a vital bodily function, then the cap increases to $842,500.
Wrongful Death Claims
MCL §600.2922 outlines wrongful death actions in Michigan. The personal representative of the deceased person’s estate can bring a wrongful death claim and seek various forms of compensation. Available compensation can include:
- Medical and hospital bills
- Funeral and burial expenses
- Pain and suffering prior to death
- Loss of financial support
- Loss of companionship for family members
Statutes of Limitations for Lung Cancer Claims
Under MCL §600.5805, injury victims have three years from the date of their injuries to file their personal injury claims against the responsible parties. This same deadline (or statute of limitations) also applies to product liability claims stemming from injuries that consumers suffer after using dangerous products.
However, the statute of limitations for people living with lung cancer due to asbestos exposure is different. Many victims do not receive a lung cancer diagnosis until decades after asbestos exposure. As a result, these individuals typically have three years from the date of their diagnosis, not their asbestos exposure, to bring their claims for compensation.
Michigan’s wrongful death statute does not contain a specific statute of limitations. However, MCL §600.5805 sets a three-year statute of limitations for wrongful death claims based on negligence.
Learn More About Your Rights to Compensation Today
Consulting a Michigan lung cancer lawyer can be the first step toward recovering compensation in the aftermath of a lung cancer diagnosis. You could hold negligent parties responsible for your asbestos exposure in your home or workplace. Call the team at Pintas & Mullins Law Firm today at (800) 217-6099 for a free case review and learn how we might help you fight for the justice and compensation you deserve.