Dealing with a recent lung cancer diagnosis is never easy, but it is even more difficult when you know that the cancer itself may have been prevented if an individual, a company, or another entity had not been negligent in protecting you from harmful substances. If your lung cancer diagnosis is linked to negligent behavior in New Jersey, you may be able to recover compensation.
The team at Pintas & Mullins Law Firm might be able to help you regain your financial footing and recover an award for your lung cancer diagnosis. If you believe you have contracted lung cancer due to negligence, then contact us today at (800) 217-6099 for a free consultation so we can talk about your case and potentially connect you with a New Jersey lung cancer lawyer.
What Could Have Caused Your Lung Cancer
According to the Mayo Clinic, smoking is still the number one cause of lung cancer, but there are other substances that could cause you to end up with this type of cancer. Two other common causes of lung cancer are radon and asbestos.
According to the Soil Science Society of America (SSSA), radon is formed in soil, and it can be quite common in enclosed spaces, like basements. It is right behind smoking as the second cause of lung cancer, according to the Environmental Protection Agency (EPA). The radioactive gas is odorless and colorless, so it is hard to tell if you are being exposed to it unless proper testing is done routinely to check for its presence. A bit of radon exposure is usually harmless, but when your body is exposed to it over and over again, it may cause cancer to form.
According to the American Cancer Society (ACS), asbestos was used in older buildings that were constructed years ago, before it was known how dangerous asbestos fibers could be. When asbestos is disturbed, those fibers may travel into your nose and into your body, where they may cause irritation and eventually cancer.
Both of these substances are dangerous, and if they cause your cancer, it could be due to someone else’s negligence. If that is the case, you may be able to recover compensation for your treatment as well as other damages—speak with a legal professional to learn more.
Ways a Lawyer Might Help Your Case
Bringing a lawyer into your case could end up providing you with many benefits. A New Jersey lung cancer lawyer will know exactly what needs to be done and who they need to contact in order to start working toward getting you the maximum amount of compensation. Filing a claim against the entity that caused your cancer can be very overwhelming, especially when you are trying to deal with the side-effects of chemotherapy or recover from surgery to remove a tumor.
Many asbestos companies have set up trust funds for their victims, and if your lung cancer is linked to asbestos, you could be eligible for one or more of those trusts. Your lawyer may be able to help you find those trusts and work to file for them.
Another option you may have if your radon or asbestos exposure occurred on the job is to file for workers’ compensation, but doing this on your own can get complicated quickly. Your attorney can help you navigate this, as many workers’ compensation policies could have loopholes that the other side could try to exploit. They can also try to make a lowball offer that will not cover all of the expenses associated with your cancer.
Your lawyer will know what to do to negotiate with the company that caused your cancer. Without a lawyer on your side, you potentially could end up with little to no compensation for your lung cancer. Your lawyer may also make sure your case is filed correctly and on time. The New Jersey Statute of Limitations (NJS) §2A:14-2 is two years for most personal injury cases, but sometimes it can take years to discover lung cancer, so you may want to discuss your case with a legal professional to determine the deadline for your unique case.
For a free legal consultation with a New Jersey Lawyer serving New Jersey, call (800) 217-6099
Compensation that You May Be Able to Claim
Within your claim, there are certain types of damages you may be able to include. You need to be able to cover your treatments and other costs such as:
- Lost wages/future earnings: it takes time to treat lung cancer, and that may mean time away from work. According to the U.S. Department of Labor (DOL), your job may be protected for 12 weeks because of the Family and Medical Leave Act (FMLA), but that does not mean that you are getting paid for that time away. Include your lost wages in your claim, and any estimated future earnings if it is determined that you cannot resume your former job duties.
- Medical costs/future costs: cancer treatments will end up costing money, even if your health insurance covers part of it. You will have bills mounting up that you should not be stuck with if someone was negligent in causing your cancer. There could also be more medical costs later down the line, and you should be compensated for that as well.
- Wrongful death: if you lose a loved one due to lung cancer spreading too quickly to be treated, then you can also file a claim for their wrongful death. No money can ease that kind of pain, but it is not fair to you to be saddled with funeral costs, loss of companionship, loss of income, and more.
- Pain and suffering: while cancer treatment takes a toll on you physically, there are also mental and emotional burdens associated with this illness. You should be awarded compensation for that mental and emotional trauma.
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If You Have Been Diagnosed with Lung Cancer in New Jersey, Call Us Now
If you were recently diagnosed with lung cancer and think that it could be linked to negligent behavior, we may be able to help. The team at Pintas & Mullins Law Firm takes on lung cancer cases for victims in New Jersey and will work for you to get the compensation you deserve. You never pay anything to us until you get your settlement, and we will communicate with you as much as possible about the progress of your case.
Call us now to begin your free consultation with one of our legal team members. We will talk through your case and work to figure out how a New Jersey lung cancer lawyer may be able to assist you. Our representatives are available at (800) 217-6099.