Many of lung cancer’s causes are lifestyle-related, such as cigarette smoking and breathing in secondhand smoke. However, lung cancer can also be caused by exposure to asbestos and other harmful particles. And in many cases, exposure-related lung cancer results from someone’s negligence.
Did you develop asbestos lung cancer caused by someone else’s actions or lack thereof? If so, you have the legal right to hold responsible parties accountable in an asbestos lung cancer case. First, you need to contact a lawyer to discuss your case.
Contact Our Lung Cancer Law Firm Today
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys work tirelessly to defend the legal rights of victims of other people’s negligence. With our lawyers’ experience and expertise, you can pursue financial compensation for this disease and its effects on your life, family, and livelihood.
Contact our Chicago mesothelioma lawyers at (888) 424-5757 for a free legal consultation. All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship. You are under no obligation when you speak with one of our lung cancer lawyers.
We have experience handling lung cancer cases for our clients and obtaining full compensation. Our asbestos lung cancer lawyers know how to hold people and companies responsible for what they have done.
What Is Lung Cancer?
Cancer is a disease wherein the body’s cells grow uncontrollably. Lung cancer starts in the lungs and may spread to other body parts, such as the lymph nodes or brain. It is the most common cancer worldwide , accounting for 2.1 million new patients and 1.8 million deaths in 2018.
When it comes to gender and racial or ethnic differences, more men develop the disease than women. Moreover, black men and women are more likely to develop and die from the disease than people of any other racial or ethnic group.
The five-year survival rate  of this disease is 56% for cases detected when the cancerous cells are still within the lungs. However, only 16% of patients are diagnosed at an early stage. When tumors spread to other organs, the survival rate decreases to 5%.
Types of Lung Cancer
There are two main types of lung cancer:
- Small Cell Lung Cancer: This form of cancer occurs almost exclusively in heavy smokers.
- Non-Small Cell Lung Cancer: This refers to several lung cancers, including squamous cell carcinoma, adenocarcinoma , and large cell carcinoma.
Mesothelioma Is an Asbestos Related Lung Cancer
Mesothelioma is a cancer caused by asbestos. It is characterized by malignant tumors that develop in the protective tissue around the organs called mesothelium. Mesothelioma in the lungs is referred to as pleural mesothelioma.
Mesothelioma is a deadly disease that is almost always fatal. While rare, people who have been exposed to asbestos for a prolonged period have a high risk. There are roughly 3,000 cases of this asbestos-related disease diagnosed in the United States each year. One of the reasons why mesothelioma is so deadly is that it is very hard to diagnose. By the time the doctor diagnoses a patient with mesothelioma, the disease is already at an advanced stage.
Who Is Most Likely to Develop Mesothelioma?
People with the highest chance of developing this disease have handled large amounts of asbestos or were exposed to it for an extended period, including:
- Construction workers
- HVAC technicians
- Chimney sweeps
- Textile mill workers
- Auto mechanics
Contact your doctor for screening as soon as possible if you are part of these at-risk groups.
Who Can Be Held Liable When You Have Developed Lung Cancer After Asbestos Exposure?
In some cases, lung cancer can be caused by someone else’s negligence. Responsible parties may include in asbestos-related lung cancer cases:
- Employers are required to protect workers from harmful substances, including in disaster conditions. If you developed lung cancer due to your occupation, your employer could be liable for failing to protect you from the risks.
- Contractors: Architects, engineers, and other professionals could be liable for failing to detect cancer-causing substances in homes and other buildings.
- Schools: School districts must perform surveillance of asbestos-containing materials every six months. Failing to detect this harmful substance due to non-compliance may serve as grounds for legal action.
- Doctors: Early diagnosis is the key to treating lung cancer. Doctors and other medical professionals must ensure that they detect potential signs of the disease as early as possible. Otherwise, the patient’s cancer may worsen. Failure to detect lung cancer despite present signs may be medical malpractice.
The key is that your lawyer conducts an extensive investigation of your case to determine who may be responsible for your developing lung cancer. There may be more than one responsible party whose actions contributed to your situation. In that event, you can sue more than one defendant.
How Long Do Lung Cancer Patients Have to File Lawsuits?
The statute of limitations can be an issue in lung cancer lawsuits. Under Illinois 735 ILCS 5/ , you have two years from the time that you were injured (or should have known that you were injured) to file a lawsuit against the responsible party.
There are two possible legal issues that you may need to overcome in lung cancer cases:
- You may not learn until some time after you have been diagnosed with lung cancer that someone else was actually to blame for it. The statute of limitations generally begins to run from the time that you realize that you had a cause of action, meaning that you could still seek compensation later in time.
- You may have been experiencing symptoms for some time before you actually received a diagnosis. You can expect that the defendant may closely scrutinize your medical records to determine when you began to experience symptoms and whether you were vigilant about seeking treatment.
More so than other personal injury lawsuits, you need to be vigilant about the statute of limitations in lung cancer cases. If you miss the deadline, you will not even be able to have the merits of your case heard in court. Your lawsuit would be dismissed before that stage.
Filing an Asbestos Lung Cancer Claim
Did someone else’s negligence cause your lung cancer? If so, you could hold the negligent party accountable by filing a legal claim after your asbestos exposure. We can help you file a lung cancer lawsuit.
Our lung cancer attorneys will investigate the cause of your illness and will find the appropriate party against which to file a lawsuit. In the meantime, here are some potential defendants and causes of action for your lung cancer lawsuit.
If you have developed mesothelioma, you may not be able to sue your employer for your injury. Instead, you would need to file a product liability lawsuit to pursue legal compensation. There may be established asbestos trust funds that are already in place. You would file a claim against those trust funds, and you would be paid a percentage of your damages, based on the amount of funding available.
Medical Malpractice Claims for Lung Cancer
You could file a medical malpractice case if a medical professional’s negligence caused your disease. Possible forms of medical malpractice that can worsen a patient’s lung cancer include:
- Wrong diagnosis
- Failure to order proper tests
- Inadequate usage of diagnostic tools
- Failure to enact accurate treatment methods on time
- Incorrect administration of treatment
You could file an occupational health claim or lawsuit against an employer, contractor, or company if your lung cancer resulted from hazardous workplace conditions. Negligent actions that can lead to occupational cancer include:
- Failure to follow proper safety precautions
- Inadequate safety training for workers
- Lack of safety gear
- Failure to inspect workplaces for carcinogens
Non-workers who develop lung cancer due to negligent construction can take legal action against contractors and construction companies by filing a personal injury claim. Cases of negligent construction include:
- Using harmful materials (with or without knowledge)
- Failing to detect carcinogens
- Disturbing carcinogen-containing material
Compensation in Asbestos Lung Cancer Cases
Once you can establish that someone else was to blame when you were diagnosed with lung cancer, you have a legal entitlement to be paid for all your damages.
By filing a legal claim against responsible parties, you could recover financial compensation for:
- Medical Bills: Compensation for treatment, including hospitalization, medication, surgery, chemotherapy, and palliative care that includes supportive care to treat your illness
- Disability: Compensation for disability-related damages if you become permanently disabled from the disease, such as loss of future earning potential, rehabilitation, and disability aids.
- Lost Wages: Compensation for wages, income, and benefits lost while undergoing treatment or recovering.
- Pain and Suffering: Compensation for physical and non-physical injuries, such as physical pain, emotional distress, and mental anguish.
- Loss of Quality of Life: Compensation for quality of life lost caused by lung cancer.
- Wrongful Death: Compensation for death-related damages if your loved one dies, including funeral and burial costs, pre-death medical treatment, loss of consortium, etc
Our lung cancer lawyers will review your situation to help you determine how much to seek in financial compensation. We will review your medical records and speak to you to learn how you have been impacted by lung cancer or other asbestos-related diseases. Then, we will fight for you to receive the highest possible compensation for your claim.
Legal Options After an Asbestos Lung Cancer Diagnosis
The first step that you need to take to recover compensation is to contact a lung cancer attorney. They will explain your legal options and what you can do to pursue a settlement or jury award. Our lung cancer law firm lawyers are standing by and ready to speak with you.
You could recover financial compensation for your damages after a lung cancer diagnosis by filing a legal claim. The defendant may use insurance coverage to pay for your settlement, meaning negotiations with the insurance company could be necessary to ensure you recover fair compensation.
However, your lawyer could help you file a lawsuit if negotiations are unsuccessful or the defendant refuses to take responsibility for your damages. Your case will then go to civil court, where a judge or jury will hear evidence from both parties and determine a verdict. In many cases, your lawyer would begin by filing a lawsuit because you may not have time to negotiate compensation before the statute of limitations expires.
To avoid litigation, your lawyer could help you pursue compensation through alternative dispute resolution methods, such as arbitration or mediation.
Our lawyers have the experience and skills to tackle any legal case, regardless of what path you have to take. We will identify the most effective type of legal action and help you pursue what you deserve.
Talk to a Chicago Lung Cancer Lawyer Today
Like many other severe health problems, lung cancer can take a significant physical, emotional, and financial toll on you and your family. Aside from the stress of getting a correct diagnosis and finding the best forms of treatment, you may also be burdened by the extreme financial consequences of dealing with this disease.
If someone else’s negligence caused your cancer, don’t hesitate to take legal action. With the help of a Chicago lung cancer lawyer, you can pursue financial compensation from responsible parties and ease some of the burdens you are carrying.
Contact our asbestos lung cancer attorneys today at (888) 424-5757, or use the contact form for a free consultation on your case. Your Chicago lung cancer lawyer will be the one to analyze the specifics of your case and recommend proper legal action.
Our attorneys handle all accepted cases on a contingency fee basis, meaning you don’t have to pay for legal services unless we win your case.