Many people think of lung cancer as though it were exclusively a direct byproduct of smoking cigarettes. While it’s true that smoking is the leading cause of lung cancer, there are also many environmental factors that can contribute to a person’s risk. If environmental factors rather than lifestyle decisions were the primary issues leading to a lung cancer diagnosis, the cancer sufferer is not to blame and may be able to seek compensation from the people who are.
When Is It Appropriate to File a Lawsuit?
Not all lung cancer patients can file lawsuits, but looking for compensation is a great idea in certain circumstances. Lung cancer patients should contact a lawyer if they were exposed to asbestos or other toxins or if their doctors failed to offer a correct diagnosis in time to get adequate care.
A lawyer can help lung cancer patients who were exposed to carcinogens get the benefits they need. Depending on the case, it may be possible to recover compensation for damages that include:
- Medical care, including palliative care
Pain and suffering
Loss of consortium
Disability or disfigurement
Diminished quality of life
If a lung cancer patient dies before being able to file a suit against the party responsible for the development of the disease, surviving family members may still be able to file a claim. In these cases, the type of claim filed is known as a wrongful death claim and it allows surviving relatives to receive compensation for damages such as loss of companionship and consortium, lost income, and other financial and non-financial losses.
Types of Lawsuits
After confirming a positive diagnosis of lung cancer, a patient has several options for recovering compensation. The type of claim filed against the responsible party will depend on how the person developed lung cancer and what kind of circumstances surrounded the diagnosis. The types of claims filed by lung cancer patients may include:
- Personal injury
9/11 Victim Compensation Fund (VCF)
What to Expect
The first step for those who want to seek legal compensation for lung cancer is to schedule an initial consultation with a lawyer. During this consultation, the lawyer will be able to examine the circumstances surrounding the patient’s diagnosis and decide on an appropriate way to move forward with the claim.
The next steps will vary depending on the primary factors that contributed to the person’s lung cancer diagnosis. People who developed lung cancer after exposure to toxins in specific circumstances may be entitled to compensation through government programs that offer access to dedicated trusts. Examples of this include the asbestos trust and the 9/11 VCF.
People who were exposed to toxins at work and are still employed may need to file workers’ compensation claims. Those who were exposed to the cancer-causing agents as a result of using contaminated products may need to file a product liability claim. Regardless of what type of claim must be filed, a lawyer will help with everything from collecting evidence to submitting claims and, if necessary, contesting benefit denials in court.
Get Help Now
Lung cancer victims have enough on their plates without worrying about how they will pay for medical care and make up for lost wages. If the patient’s cancer developed as a result of another party’s negligence, seeking compensation can help to ease the financial burdens associated with treatment and palliative care or recovery.