Receiving a diagnosis of lung cancer can be devastating both for the patient and their family. According to the American Lung Association (ALA), lung cancer is the leading cause of cancer-related deaths for men and women. While the primary cause of lung cancer is smoking, many people who have never smoked before also contract lung cancer.
Other reasons for lung cancer include exposure to asbestos and exposure to radon. Victims of lung cancer have a higher chance of successful treatment if they receive an early diagnosis. If you believe you or your family member contracted lung cancer because of exposure to a dangerous substance or that your doctor failed to diagnose your lung cancer appropriately, you could be entitled to compensation for your suffering.
A Nebraska lung cancer lawyer at Pintas & Mullins Law Firm might be able to help you receive payment if your lung cancer is due to negligence. You can learn more about how we might be able to help you and set up a free consultation by calling (800) 217-6099 at any time.
When to Seek Compensation for Lung Cancer
In some situations, another party might be responsible for your lung cancer or its advanced stage. If you think you are suffering or your family member died of lung cancer because of someone else’s negligence, you may be able to sue for compensation. You could be entitled to compensation in the following situations:
Lung Cancer Due to Asbestos Exposure
One of the most common reasons for a victim of lung cancer to seek compensation is when the lung cancer is caused by exposure to asbestos. Asbestos is a natural fiber derived from a mineral used indiscriminately for many years in construction, shipping, railroad, and other industries because of its durability and heat resistance. We now know that asbestos exposure can lead to mesothelioma, which is a particularly aggressive and fatal type of lung cancer, as well as other asbestos-related lung cancers and lung diseases.
Although the use of asbestos is now strictly regulated, mesothelioma can lay dormant in a person’s body from 20 to 71 years after the initial asbestos exposure, according to the Centers for Disease Control and Prevention (CDC). Even if your exposure occurred decades ago, your employer or the manufacturer of an asbestos product could still be liable for your suffering and owe you compensation. You might be able to receive payment through making a claim on an asbestos victims’ fund or pursuing a personal injury lawsuit.
Lung Cancer Due to Radon Exposure
The Environmental Protection Agency (EPA) states that radon exposure is the highest cause of lung cancer among people who do not smoke. Radon is a highly toxic radioactive gas that occurs naturally when uranium breaks down, which is present in the soil. Radon can enter your home as it rises from the ground to the air and becomes trapped in your house. You can also suffer radon exposure from well water and some building materials, according to the EPA.
Since it is odorless and tasteless, you can be exposed to radon for years without knowing it. The Nebraska Department of Health and Human Services (DHHS) reports that Nebraska has a very high incidence of radon in homes. Real estate agents and landlords are required to disclose information about the presence of radon in homes.
If they failed to inform you of the risk, your landlord or employer could be responsible for your lung cancer due to radon exposure, so you might be able to hold them liable for your suffering. You could file a personal injury lawsuit to sue for the costs of your medical treatment and other losses.
Contact Pintas & Mullins Law Firm today to schedule your free consultation. We can review the details in your situation and explain how a Nebraska lung cancer lawyer could help you.
Lung Cancer and Medical Malpractice
The most common reason to sue for medical malpractice for lung cancer is if a doctor fails to diagnose, offers a delayed diagnosis, or misdiagnoses a person’s lung cancer. Early detection is key to treatment, so if your doctor should have diagnosed your lung cancer earlier and the disease progressed beyond treatment as a result, you could have a case for physician negligence.
A medical malpractice case requires three main steps:
- Showing that you were under the care of the defendant physician
- Showing that the physician was negligent
- Showing that you suffered because of that negligence (and not just because of the underlying condition)
Examples of physician negligence in a lung cancer case include failing to order tests or screening measures indicated by your symptoms, incorrectly interpreting test results, or failing to inform you of test results.
Nebraska Statutes of Limitations
You may be entitled to receive compensation for your lung cancer, but you can lose your legal right to recover damages if you miss the deadline for filing your case. For personal injury lawsuits like asbestos or radon exposure, the statute of limitations is four years, according to Nebraska Revised Statutes (RS) §25-207.
If you wish to pursue a wrongful death lawsuit, you have two years from the date of your loved one’s death, according to RS §30-810, and you also have two years for a medical malpractice case, according to RS §44-2828.
Damages You Could Recover
The types of damages you might be able to recover for your negligent lung cancer case include:
- The cost of past and future medical treatments
- Lost income
- Diminished earning capacity
- Funeral, burial costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or consortium
How Pintas & Mullins Law Firm Could Help You
Dealing with the consequences of cancer treatment or the loss of your loved one is difficult enough without the added stress of a complicated legal system. At Pintas & Mullins Law Firm, our Nebraska lung cancer lawyer can take on your case so you can focus on taking the time and rest you need to heal.
Our team may be able to help you by consulting with medical experts about your case and gathering testimony about the cause of your lung cancer. We can calculate the damages you may be entitled to, manage all the necessary communication and documentation, and doggedly pursue fair compensation on your behalf.
You can schedule a free consultation with us at any time by calling (800) 217-6099. We work on contingency, so we will never charge you any fees unless we can recover a financial award for you, and you can trust us to do everything we can to help you and your family through this difficult time.