You can sue for lung cancer if you establish that another person’s negligence contributed or caused your disease.
There are a few situations in which you may be entitled to compensation after being diagnosed with lung cancer:
- If you were exposed to asbestos
- If a doctor misdiagnosed or arrived at a correct diagnosis too late for treatment
- If you were exposed to other toxins or cancer-causing agents
A lung cancer lawsuit lawyer can help you understand your legal options and how you could recover compensation.
Why Some People Sue for Lung Cancer
According to the Centers for Disease Control and Prevention, lung cancer is the leading cause of cancer deaths for men and women in the United States today. Few people live more than a year to 18 months after their initial diagnosis.
Medical treatment for lung cancer treatment is expensive, even with insurance. That is why some people sue for compensation from the people that they believe contributed to their disease.
It is possible to recover compensation for losses that include:
- Medical care and treatment, including both cancer-fighting treatment and palliative care
- Lost income
- Pain and suffering
- Diminished quality of life
- Disability or disfigurement
- Emotional anguish
- Loss of consortium or companionship
- Wrongful death
Some lung cancer lawsuit lawyers work on a contingency basis. This means that you do not pay upfront costs. Instead, a lawyer collects payment after recovering compensation on your behalf.
Lung Cancer Compensation
According to Mayo Clinic, mesothelioma is a form of lung cancer that is caused by asbestos exposure. This type of lung cancer can take several years to develop before people have symptoms. By the time someone is diagnosed with mesothelioma, it is usually too late for treatment other than palliative or end-of-life care.
Our lawyers have helped people with mesothelioma or lung cancer recover damages for their medical bills and emotional trauma caused by negligence.
This compensation may be recovered through:
- Personal injury lawsuits
- Asbestos trust fund claims
- Workers’ compensation
- Social Security benefits
- Wrongful death lawsuits
- U.S. Department of Veterans’ Affairs (VA) claims
You could qualify for compensation if your situation meets certain conditions. In addition, each state has a deadline or statute of limitations. You will need to file a lawsuit within this time, or your case may be dismissed.
For a free legal consultation, call (800) 794-0444
Establishing Negligence in a Lung Cancer Lawsuit
A lung cancer lawsuit is a personal injury legal action that seeks financial awards from the liable party. You must demonstrate how the other party contributed or caused you to suffer lung cancer.
Some victims want to prioritize their recovery and focus on spending as much time with their families as possible. This is why they seek advice from a law firm that accepts these kinds of cases.
Four Elements in a Personal Injury Case
A lawyer can help you establish the four conditions apply to your case:
- Duty of care means that the defendant owed you a duty of care to take reasonable measures to prevent you from harm, such as making sure you had personal protective equipment if your job involved exposure to asbestos.
- Breach of care refers to this duty of care being ignored or omitted, either from intentional or careless action.
- Causation of injuries is the assumption that this breach of care caused you injury, which would refer to the physical and emotional suffering of lung cancer.
- Damages are the economic and emotional losses that are related to your injuries, such as medical bills or pain and suffering.
Link Between Asbestos and Lung Cancer
Mesothelioma is a malignant growth that typically begins in the lining of your lungs. A leading cause of mesothelioma, according to the Environmental Protection Agency, comes from breathing in asbestos fibers. The Agency for Toxic Substances and Disease Registry also lists it as a cancer-causing carcinogen.
Asbestos is a carcinogen, a chemical that can cause cancer. People who suffer regular exposure to asbestos and who breath in its fibers are more likely to develop mesothelioma or lung cancer.
If you work in construction, demolition, or another profession that involves regular exposure to asbestos, you should talk to your healthcare provider about your risk factor for mesothelioma or lung cancer.
Call a Lung Cancer Lawsuit Lawyer
To find out if you can sue for lung cancer that is caused by negligence, please call the Pintas & Mullins Law Firm for a free, no-obligation case review. You may be entitled to compensation for your losses. Call (800) 794-0444 to speak about your diagnosis.