Can I Get Financial Compensation for Lung Cancer?
If you were exposed to toxic substances that caused you to develop lung cancer, you could be owed financial compensation from the companies involved. Learn about your legal options.
Financial Compensation for Lung Cancer
People can develop cancer for several reasons, the timeline varies. It can be genetic or develop due to exposure to other hazardous substances. If the cause for developing the disease is from being exposed to toxins through no fault of their own, such as at a job site, commercial or residential building structure, that person could be entitled to compensation from the negligent party. It’s the responsibility of the owner, contractor, or manager of the job to make sure harmful items like asbestos are removed before allowing employees or residents to enter the space.
A civil wrong includes injury to a person’s body, financial situation, or other interest caused by another’s negligence or carelessness. These civil wrongs are also known as torts, and there are many national and state regulations put in place to protect people from a number of these.
With the significant advances of the corporate industry in the U.S. over the past decade, the number of adverse toxic torts in our environment has grown significantly, putting more and more people at risk for exposure and further development of illness and disease, such as lung cancer. Some major toxic substances that residents and employees in specific industries have been carelessly exposed to are:
If you believe you’ve been negligently exposed to these or other substances while on the job or in a residential or commercial structure, talk to your doctor immediately. They’ll be able to analyze your situation, perform tests, and give you more information about your risk factors.
What Are My Legal Rights?
Once a person is diagnosed with lung cancer, next comes the critical question of “how?” Most people will wonder how they developed this disease and what they can do about it. Were they exposed to a toxic chemical that caused them to develop a type of lung cancer? Was it due to genetics? Many harmful chemicals and materials continue to make their way into different types of consumer goods, houses, structures, work materials, and more, so this option is likely.
Multiple government organizations fight against negligent or careless exposure to toxic substances. One primary agency is the Environmental Protection Agency (EPA), which regulates the production and distribution of commercial and industrial chemicals to ensure chemicals on the market in the U.S. do not harm human health or the environments around them. They hold the owners, managers, and contractors responsible for identifying the harmful substances and properly removing them before anyone else comes into contact with it.
Filing a Claim
If you’ve developed lung cancer from exposure to a toxic substance, you may be entitled to financial compensation. To get the process started, you’ll need to talk with a lawyer about filing a claim against the organization or individuals responsible for your exposure. You must take this step as soon as you get your diagnosis, as there is a time limit to make such claims. This time limit is known as the statute of limitations and usually begins after your official medical diagnosis is made by a licensed physician or specialist.
Types of Lung Cancer Lawsuits
Injuries and diseases that arise from these situations open up several legal options to the individual(s) exposed, including product liability, personal injury, asbestos trust funds, and wrongful death lawsuits, and toxic torts. Carcinogens (cancer-causing substances) like asbestos and radon are heavily regulated, and even after manufacturers stop using the product, suits still pop up over time from a person developing lung cancer or other illness from exposure several years after the fact. Even then, you have legal rights. Talk to an experienced attorney about the details surrounding your case.
Defective or dangerous products have caused thousands of injuries each year in the U.S. Products made with asbestos or other cancer-causing substances would fall into this category. To help protect workers and residents from exposure to these types of products, product liability laws were put in place. This is a set of regulations that holds the companies responsible for the defective or dangerous product liable. These rules can make it easier for the affected party to recover compensation for damages.
A legal dispute that occurs when one person is victim to harm from an accident or injury is also known as a personal injury lawsuit. These types of claims are especially common for those who may come across issues in the workplace. Once the claim is filed and the judgment is passed, the responsible person’s insurance company will then pay money to the injured person for medical bills, pain, and suffering. When a personal injury claim is filed, either an informal settlement will be reached, or the lawsuit will continue on into a formal lawsuit.
The defendant (allegedly negligent party) may reach for this type of settlement if a negotiation can be reached between both parties, followed by a written agreement to which both sides will cease further action, such as a lawsuit. Instead, both groups will resolve the situation through financial payment.
Formal Lawsuit and Wrongful Death
When a negotiation can’t be reached, the plaintiff (victim) may push forward towards a formal lawsuit. This is where proof of exposure and medical documents will be needed to move forward with the case to fight for financial compensation.
If a person develops lung cancer or another disease due to exposure to a toxic substance that is the fault of another company or party and then passes away before a claim can be filed, the victim’s loved one can file a wrongful death lawsuit.
Many companies utilized asbestos in building materials and other industrial products. Since there was such a large number of lawsuits against organizations for negligently exposing their employees to toxic minerals, several companies had to file for bankruptcy. When this happened, some companies set up asbestos trust funds to ensure that future claimants receive compensation.
Talk to an Experienced Attorney
An experienced lawyer can help you efficiently navigate the complexities of your case and answer all of your legal questions. Filing a claim doesn’t have to be difficult, and a lawyer can help you sort out the details surrounding your exposure and diagnosis, helping you gather all the necessary paperwork and proof of exposure. Make sure you talk to an attorney as soon as possible, however, there is a statute of limitations (time limit) on filing that begins the moment you are diagnosed. Don’t try and do this alone, you have resources available.