If you were diagnosed with lung cancer, and you have reason to believe another party caused your cancer, you might be able to recover compensation.
A Wisconsin lung cancer lawyer from Pintas & Mullins Law Firm knows this is a challenging time for you and your family. If you are considering taking legal action against the party responsible for your cancer, consider hiring us to take the case off your shoulders.
We work on a contingency fee basis. That means you pay us nothing upfront of out of pocket. We only receive payment once your case results in a financial award. Call a member of our team today for your free, no-obligation case evaluation at (800) 217-6099. You should not have to suffer more from the costs of treatment for cancer that someone else caused you.
How Someone Could Be Liable for Your Diagnosis
The leading cause of lung cancer is smoking, according to the American Cancer Society. Cancer is a risk that a person willingly and knowingly risks when picking up a pack of cigarettes. However, a person can suffer from lung cancer without ever knowing they were at risk.
Exposure to Asbestos
Another main cause of lung cancer is exposure to asbestos. Asbestos fibers can be breathed into the lungs and lay dormant for decades without causing any complications. However, they can cause mesothelioma and other lung cancers.
Many industries used asbestos for years, knowing the dangers it could pose to workers. However, some workers were never made aware of these dangers, and years down the road, they suffer from an asbestos-related disease.
There are many ways you could have been exposed if you worked in certain fields, according to the National Cancer Institute (NCI). Some of these fields include, but are not limited to:
- Asbestos mining and milling
- Construction and building
- Automobile mechanics
If you worked in a job where you came into contact with asbestos, you might be able to tie your diagnosis to your negligent employer.
Exposure to Radon
According to the Mayo Clinic, radon gas exposure can also cause lung cancer. Radon levels can become unsafe in buildings, so they should be tested to make sure they remain safe for visitors.
If your employer or a business that you frequented knew of the dangerous radon levels in their building or environment but did nothing to remedy the situation, your lung cancer might have resulted from exposure to the unsafe gas. In this case, you might be able to seek compensation from the organization or entity that exposed you to radon gas.
Exposure to Other Carcinogens
If your job knew the risks of exposure to carcinogens that workers frequently encountered but did not alert the workers or give them adequate training or protective gear, they might be liable for causing your lung cancer.
Whatever situation you were in that you believe caused your lung cancer, a Wisconsin lung cancer lawyer from Pintas & Mullins Law Firm can investigate your claim. Call a member of our team today to see how we can help.
Recoverable Compensation in a Lung Cancer Settlement
To recover compensation for your lung cancer, you and your attorney will have to prove that:
- The other party owed you a duty of care to keep you safe
- The other party did something negligent and put you in danger
- The other party’s breach of duty of care caused your cancer
- Your cancer caused you financial and emotional loss
If we can gather the evidence to prove the other party’s negligence, you might be able to recover compensation for economic damages, including:
- Medical bills: These include costs related to your cancer treatment, hospital stays, emergency room visits, ambulance rides, surgery costs, prescription medications, medical devices, and more.
- Lost wages: If you must miss work because of your cancer diagnosis, you might be able to recover those costs. You might also be entitled to missed savings, lost future earning capacity, missed promotions, and more.
- Wrongful death: If a loved one lost their battle with lung cancer, surviving family members could benefit from compensation for their funeral and burial expenses, lost financial support, and other costs.
You might also be entitled to noneconomic damages, which are financial awards to compensate you for how your injury has affected your life, for example:
- Pain and suffering: You likely are suffering a lot of pain from lung cancer, and you should be able to recover compensation for it. Generally, the more severe the cancer, the higher the award for pain and suffering.
- Emotional anguish: Cancer also causes a lot of stress and grief, which you could be compensated for in a lung cancer lawsuit.
- Diminished quality of life: If lung cancer affects your day-to-day life and makes it less enjoyable, document all those ways because it could help in quantifying your noneconomic losses.
This is not an exhaustive list of compensation that might be available to you or your loved one. A lawyer can give you a better understanding of what you could receive in a lung cancer lawsuit or settlement.
Statute of Limitations in Wisconsin
Each state has its own statute of limitations—the deadline you have to file a lawsuit. These deadlines range from one to six years and depend on the type of lawsuit you are filing.
In Wisconsin, you generally have three years to file a personal injury claim against the party responsible for your lung cancer, according to Wisconsin Statutes §893.54(1m)(a).
If a loved one died from lung cancer that someone else caused, you also have three years to file a wrongful death lawsuit, according to Wisconsin Statutes § 893.54(1m)(b).
There are exceptions to these rules, and a lawyer from our firm can tell you if you qualify to file a lawsuit.
Reach out to Pintas & Mullins Law Firm for Help
At Pintas & Mullins Law Firm, we want to help you seek justice against the person or entity that caused you lung cancer. You can call us today for your free consultation at (800) 217-6099 to see how a Wisconsin lung cancer lawyer can help you.