October 9, 2020

Lung Cancer Lawsuits

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Lung Cancer
Cancer

Can I Get Financial Compensation for a Lung Cancer Lawsuit?

If you’ve been diagnosed with lung cancer, especially if it’s related to asbestos exposure, you may be entitled to financial compensation. Many lung cancer cases have a direct link to asbestos, a hazardous material widely used in construction and other industries for its fire-resistant properties. Filing a claim for compensation can help cover medical expenses, lost income, pain and suffering, and other damages resulting from your illness.

Financial Compensation for Lung Cancer

Compensation for lung cancer is available through various legal avenues, including personal injury lawsuits, wrongful death lawsuits, asbestos trust fund claims, and settlements with companies responsible for asbestos exposure. Financial compensation aims to ease the burden of medical bills, treatment costs, lost wages, and other damages associated with the diagnosis of lung cancer.

Toxic Torts

A toxic tort is a legal claim for harm caused by exposure to a dangerous substance, such as asbestos. Asbestos-related lung cancer is a classic example of a toxic tort case, where plaintiffs seek compensation for the harm caused by inhaling asbestos fibers. Filing a toxic tort lawsuit typically involves proving that exposure to a dangerous substance like asbestos was responsible for causing your lung cancer.

What Are My Legal Rights?

Individuals who have developed lung cancer due to asbestos exposure have legal rights to seek compensation. Victims may file a personal injury lawsuit for their asbestos-related disease or wrongful death lawsuits if a loved one has died from lung cancer. Legal claims can also be filed through asbestos trust funds, which were established by companies that filed for bankruptcy due to asbestos liability.

Filing a Claim

When filing a claim, you need to provide evidence that supports your case. This can include:

  • Medical records documenting your lung cancer diagnosis
  • Proof of asbestos exposure, such as employment records in industries that used asbestos (e.g., construction, shipbuilding)
  • Testimonies from coworkers or medical experts linking your cancer to asbestos exposure
  • Evidence showing a history of using or working around asbestos-containing products

Types of Lung Cancer Lawsuits

There are several types of lawsuits that may be filed for lung cancer, including:

Product Liability

Lawsuits against manufacturers of asbestos-containing materials are common in asbestos litigation. Companies that used asbestos in their products despite knowing the dangers of asbestos exposure may be held liable for the harm caused to individuals who developed lung cancer. Product liability lawsuits hold these companies accountable for failing to provide adequate warnings or take measures to protect workers and consumers.

Personal Injury Claim

A personal injury claim can be filed by individuals diagnosed with asbestos-related lung cancer. The goal of a personal injury lawsuit is to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Experienced lung cancer lawyers like Serling & Abramson, P.C. can help guide you through the legal process and ensure that your claim is filed correctly.

Informal Settlement

Before a formal lawsuit reaches trial, many asbestos lung cancer cases are resolved through informal settlements. The settlement process involves negotiations between the plaintiff’s attorney and the defendant’s representatives, often resulting in a fair compensation agreement. Settlements help avoid the time, cost, and stress associated with going to court.

Formal Lawsuit and Wrongful Death

In some cases, an informal settlement may not be possible, and the case goes to trial. If the lung cancer victim has passed away, family members may pursue a wrongful death lawsuit to seek compensation for their loss. Wrongful death claims cover damages such as funeral expenses, loss of consortium, and loss of financial support.

What to Expect From an Asbestos Lung Cancer Settlement

A lung cancer lawsuit settlement can provide significant financial compensation to help cover the cost of medical treatment, ongoing care, and lost income. The amount of the settlement may vary depending on several factors, such as the extent of asbestos exposure, the stage of the lung cancer, and the defendant’s willingness to settle.

Factors Influencing Settlement Amounts

The following factors may affect the amount of compensation awarded in an asbestos lung cancer lawsuit:

  • Extent of asbestos exposure: Higher compensation is usually awarded to those with a history of significant or long-term asbestos exposure.
  • Medical history and diagnosis: The stage and type of lung cancer, as well as other health conditions, may influence the settlement.
  • Strength of evidence: Having strong evidence linking asbestos exposure to the lung cancer diagnosis can lead to a higher settlement.
  • Company liability: Some companies may be more likely to settle quickly to avoid a trial, while others may dispute liability.

How to Maximize Your Lung Cancer Settlement

To maximize your asbestos lung cancer settlement, consider the following steps:

  • Hire an experienced asbestos attorney Like Serling & Abramson, P.C. who has a track record of successfully handling lung cancer lawsuits.
  • Gather all relevant medical records, including proof of a lung cancer diagnosis and a history of asbestos exposure.
  • File your claim within the statute of limitations, which varies by state.
  • Be prepared to provide testimony or statements from medical experts that can link your asbestos-related disease to the exposure.

Benefits of an Asbestos Lung Cancer Settlement

Receiving a settlement for lung cancer offers several benefits, including:

  • Financial compensation to cover medical bills, treatment costs, and other expenses.
  • Non-economic damages for pain and suffering, loss of enjoyment of life, and emotional distress.
  • Quick resolution compared to lengthy trials, allowing you to receive funds faster to support ongoing care.

Experienced Contact Lung Cancer Lawyers

Working with experienced asbestos lung cancer lawyers is crucial in navigating the complex legal landscape of asbestos lawsuits. They can help gather evidence, file claims, negotiate settlements, and represent you in court if necessary.

Our Past Asbestos Lung Cancer Settlement Amounts

The amount of compensation from asbestos lung cancer settlements can vary greatly. Our Serling & Abramson, P.C. has secured settlements ranging from hundreds of thousands to millions of dollars, depending on the specifics of each case. Clients receive compensation for damages such as lost wages, medical expenses, and non-economic damages.

Who Qualifies for Lung Cancer Settlements?

Those who qualify for a lung cancer settlement typically include:

  • Individuals diagnosed with asbestos-related lung cancer
  • Family members filing wrongful death claims for loved ones who died from lung cancer
  • Workers with a history of asbestos exposure, such as construction workers, factory workers, or asbestos-industry workers
  • Those who suffered secondhand exposure from living with individuals who worked with asbestos

Get the Help You Deserve

If you or a loved one has been diagnosed with lung cancer linked to asbestos exposure, it’s important to seek legal help. Contact our experienced asbestos lawyers for a free consultation to discuss your options. We will review your case and guide you through the process of filing a lung cancer lawsuit, ensuring you receive the compensation you deserve.