While smoking is a primary cause of lung cancer, it is a common misconception that people who do not smoke do not get lung cancer. Exposure to other toxic substances is also a leading cause of lung cancer, and in many cases, this exposure occurs at no fault of the victim of lung cancer.
Radon and asbestos are the two most common toxic substances (besides smoking) that lead to lung cancer diagnoses. You or your family may have been exposed to these substances through products in your home or other buildings, your occupation, or because of the manufacturer or distributor of products containing these materials.
If you believe that toxic exposure to radon or asbestos caused your lung cancer, you may have a case to receive financial compensation for the cost of your medical treatment and other losses, including emotional ones. A Montana lung cancer lawyer at Pintas & Mullins Law Firm may be able to help you recover this compensation. To learn more, contact our team at (800) 217-6099 for a free consultation on your lung cancer case with a member of our team.
Radon Exposure and Lung Cancer
Exposure to radon is a leading cause of lung cancer, second only to smoking. Radon is a radioactive gas that occurs naturally when the elements uranium, radium, and thorium break down. These elements are present in rocks, soil, and groundwater, so as it seeps from the earth, radon can enter your home through cracks and gaps or even enter your drinking water. It can also be in some building materials.
Breathing in radon can cause serious health problems and is responsible for over 20,000 lung cancer deaths every year, according to the Centers for Disease Control and Prevention (CDC). Since it is invisible, odorless, and tasteless, you may be exposed to radon for years without knowing it. Symptoms of lung cancer caused by radon can take years to manifest.
While radon is naturally occurring, the United States Environmental Protection Agency and state governments have regulations in place to mitigate this health risk. Montana Code §75-3-606 requires that disclosure statements for radon testing and levels must be provided to anyone purchasing an inhabitable property.
If your real estate agent or landlord failed to inform you of the risk of radon exposure in your home, it is possible that they could be liable for you or your family’s contraction of lung cancer from this toxic substance. A manufacturer, distributor, or employer could also be responsible for your exposure.
If another party caused your exposure to radon and resultant lung cancer, you might be entitled to receive compensation for the cost of your medical treatment, pain and suffering, other losses, and even the death of your loved one.
Asbestos Exposure and Lung Cancer
Asbestos is the commercial name for a group of natural fibrous minerals. Because of their durability and resistance to heat and corrosion, these fibers were used very widely throughout most of the 20th century in many products and materials, especially in the construction industry. When these fibers break down and a person inhales them, they can cause lung cancer, mesothelioma (a very serious type of lung cancer), asbestosis, pleural disease, and other lung diseases.
Although the use of asbestos is now strictly regulated by the Environmental Protection Agency (EPA) and other agencies, it is not altogether banned, and it can be present in many buildings. It can take decades after exposure for mesothelioma or other lung cancer symptoms to manifest.
The Montana Department of Environmental Quality (DEQ) regulates asbestos use and disposal in conjunction with federal agencies, and they state that asbestos may be found in the following areas of your home:
- Pipe, boiler, tank, attic, and duct insulation
- Wall and ceiling texture
- Wallboard, wallboard joint tape, and wallboard mud
- Floor, linoleum, and ceiling tiles
- Roofing products
- Cement asbestos piping and siding
- Other products and materials
Besides exposure within buildings, if you worked with asbestos products, your employer could be liable for your exposure. The manufacturers and distributors of asbestos products may also carry responsibility.
When someone else’s negligence is the cause of your lung cancer, you can be entitled to receive financial compensation. A Montana lung cancer lawyer could help you by investigating whether asbestos or radon exposure contributed to you or your family member’s lung cancer. Your lawyer can collect evidence and expert medical testimony on your behalf and pursue compensation for you through a personal injury lawsuit. Reach out to Pintas & Mullins Law Firm to get started on your case.
Recoverable Damages for Lung Cancer
Montana courts may award economic and non-economic damages for personal injury lawsuits. Economic damages refer to reimbursement for out-of-pocket costs, such as:
- Medical bills (both past and future)
- Lost wages
- Loss of earning capacity
- Funeral expenses
- Cost of household help
Non-economic damages you may be able to recover include payment for:
- Physical pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
- Loss of consortium
You have the right to pursue financial compensation when someone else causes you suffering through their negligence. Besides the severe physical and emotional toll of a lung cancer diagnosis, the costs for treatment such as chemotherapy, radiation, and surgery can be very high, and health insurance does not cover everything.
A Montana lung cancer lawyer can help you identify and calculate all the damages you may be able to recover through a personal injury lawsuit for your lung cancer due to exposure to radon or asbestos.
How the Montana Statute of Limitations Can Affect Your Case
Civil lawsuits in the state of Montana are subject to a statute of limitations, which is a law that places a time limit on your legal right to pursue compensation for a wrongful event. According to Montana Code §27-2-204, three years is the statute of limitations for both personal injury and wrongful death cases.
To make sure you file your claim within the necessary timeframe, you should connect with a lawyer for help with your case as soon as possible. There can be rare exceptions to statutes of limitations as well, so it is a good idea to speak with a Montana lung cancer lawyer regardless of when you received your diagnosis to check what your legal options for recovering compensation might be.
At Pintas & Mullins Law Firm, a Montana lung cancer lawyer and the rest of the team are dedicated to helping victims and families of lung cancer receive compensation for their suffering. We never charge you any fees unless we can earn a settlement for you. Call us at (800) 217-6099 for a no-cost, no-obligation consultation at your convenience.