Asbestos Lung Cancer Lawsuit
Table Of Contents
An asbestos lung cancer lawsuit is a legal claim against companies that manufactured asbestos-containing products that led to a patient’s asbestos lung cancer diagnosis. Lung cancer patients may file personal injury lawsuits. Families who lost a loved one may file a wrongful death claim.
Written by Joe Lahav, Esquire | Edited By Walter Pacheco | Last Update: July 24, 2024
Written by Joe Lahav, Esquire | Edited By Walter Pacheco | Last Update: July 24, 2024
Types of Asbestos Lung Cancer Lawsuits
The types of asbestos lung cancer lawsuits include product liability lawsuits, personal injury lawsuits, wrongful death lawsuits and others. These asbestos lung cancer lawsuits fall into several categories such as who is filing the lawsuit, the type or level of injury and who they are suing. Product liability and personal injury lawsuits cover individual exposure, while families of loved ones who died of cancer can file wrongful death suits.
Asbestos Lung Cancer Lawsuit Categories
- Product Liability Lawsuits: Product liability lawsuits are a type of lung cancer lawsuit filed by lung cancer patients to hold businesses that distributed unsafe products accountable. A company or manufacturer may be liable if the plaintiff contracted lung cancer after using its products.
- Personal Injury Lawsuits: Personal injury lawsuits are another type of lung cancer lawsuit filed by patients against companies that exposed plaintiffs to asbestos. If the company did not properly warn employees about asbestos exposure, courts may hold them liable for the damages.
- Wrongful Death Lawsuits: The estate or successors of someone who died of asbestos-related lung cancer can file a wrongful death lawsuit. If the courts find them liable, the defendant may have to pay for funeral costs, lost wages, medical bills, pain, suffering or more.
- Class-Action Lawsuits: Asbestos class-action lawsuits are rarely filed today. Class-action lawsuits are filed on behalf of a large, similarly situated group, and any member of that group can join. Companies the courts find responsible will have to pay damages to anyone who joined the suit and is a member of the class.
According to KCIC, a total of 1,472 people filed asbestos lung cancer lawsuits in 2023. That’s up 8% from the asbestos lung cancer lawsuits filed in 2022.
Who Can File an Asbestos Lung Cancer Lawsuit?
An asbestos lung cancer lawsuit may be filed by anyone who has been diagnosed with lung cancer and was exposed to asbestos. This includes patients who experienced primary or secondary asbestos exposure. Even if you didn’t work around asbestos, you may still be able to file an asbestos-related lung cancer claim.
Before filing your claim, consider scheduling a consultation with an asbestos lawyer. They’ll be able to tell you whether you have a viable case and what to expect if you proceed with a lung cancer or mesothelioma lawsuit.
File an Asbestos Lung Cancer Lawsuit
Patients and family members may be eligible to file a lawsuit after an asbestos-related lung cancer diagnosis.
Get CompensationAsbestos Lung Cancer Lawsuit Process
The asbestos lung cancer process typically begins with the plaintiff hiring an asbestos lawyer and filing a lawsuit. As with any legal process, lung cancer lawsuits take time, effort and paperwork.
Common Steps to an Asbestos Lung Cancer Lawsuit
- Contact an asbestos attorney.
- Speak with your attorney to discuss the specifics of your case.
- Your attorney files a lawsuit.
- After filing the lawsuit, the companies you’re suing are served copies of the suit, and you wait for a response.
- If the defendant(s) makes an offer to settle out of court, either accept it after discussion with your legal counsel or decline it and continue with the lawsuit.
- Go through with the lawsuit. If you prevail, you’ll often receive substantial compensation for damages the court finds the defendant responsible for.
Following this process is an important part of receiving compensation from asbestos lung cancer settlements. Be sure to contact an attorney as soon as possible to start pushing your case forward in the correct way.
How to Prove Asbestos Exposure in a Lung Cancer Lawsuit
To prevail in a legal claim for lung cancer or mesothelioma cancer, you have to prove you were exposed to asbestos, and your cancer developed as a result of that exposure. The evidence you assemble should be related to your past employment, asbestos-related products you’ve used and a timeline of when your lung cancer first developed.
As the plaintiff, the courts place the burden of proof on you, so even if the defendant is responsible for your condition, they usually won’t be held accountable without solid evidence. If the evidence points toward your cancer resulting from asbestos exposure, the courts or jury should find the company that exposed you liable for the damages you’ve suffered.
Information Used in Asbestos Exposure Lawsuits
- Proof of employment at:
- a company that used asbestos-containing products or evidence that a family member worked at the company (if suing for secondhand exposure)
- Contact information of co-workers who could testify
- Key medical records
- Blood tests and pathology reports that prove you’ve been diagnosed with lung cancer
- Imaging scans that show the cancer’s presence and severity level
- A statement from a doctor or physician or medical records that link your lung cancer to past asbestos exposure
Gathering this information greatly strengthens your case. With appropriately thorough records, it will be difficult for the defendant to argue their innocence.
Benefits of Filing an Asbestos Lung Cancer Lawsuit
The benefits from filing an asbestos lung cancer lawsuit involve different types of compensation that can ease some of the financial burden from an asbestos-related lung cancer diagnosis. Cancer scans and treatments are expensive, and many people can’t afford them. Filing a lung cancer lawsuit holds negligent companies accountable and helps you afford essential medical treatment.
Types of Lung Cancer Lawsuit Compensation
Asbestos lawsuit settlements range from $1 million to $2 million. Compensation from a lawsuit can allow you to receive the care, facilities and resources you need to manage your condition.
How Can an Asbestos Lung Cancer Lawyer Help Me?
An experienced asbestos lung cancer lawyer can help you throughout the process of building a case for asbestos-related lung cancer claims, filing a lawsuit and receiving compensation. Because they specialize in asbestos-related lung cancer lawsuits, they understand the unique challenges that you face living with cancer and are more willing to make accommodations.
To ensure you’re confident in the attorney you hire, many asbestos lawyers offer free consultations. These consultations allow you to meet the lawyer and get a better sense of whether they’re right for you. Finding the right attorney allows you to avoid stressing about the lawsuit so you can focus on treatment and recovery.
Access Lung Cancer Compensation
Get help paying for treatment and other expenses by accessing trust funds, grants and other options.
See if You QualifyCommon Questions About Asbestos Lung Cancer Lawsuits
- Are consultations with asbestos lawyers free?
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Yes, you can usually schedule the first consultation with an asbestos lawyer for free, after which you can decide whether to hire them.
- Can you get compensation for asbestos-related lung cancer?
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Absolutely! If you can prove in court that you developed lung cancer as a result of asbestos exposure, you may be entitled to compensation.
- Who do you sue in an asbestos lung cancer lawsuit?
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You can sue anyone responsible for your asbestos exposure. Typically, this is the company or companies that manufactured the asbestos you were exposed to.
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