Can You Sue for Lung Cancer? Find A Lung Cancer Attorney to File Your Claim against A Liable Workplace

Person holding chest x-ray showing lung cancer
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If you or a loved one is battling lung cancer, you recognize it as life-altering and frightening. You’re also likely constantly contemplating what external variables may have played a hand in the development of the illness  – perhaps prolonged exposure to harmful chemicals and/or pollutants at work. These considerations bring about a health crisis, a sense of injustice, and a multitude of unanswered questions.

But what can be done to achieve justice in this tragic situation for your family? Can you pursue legal action if your lung cancer was caused as a result of your employment? 

In this guide, you’ll come to recognize who’s qualified to pursue a civil lawsuit as a result of getting diagnosed with cancer. If you or your family member worked as a tradesman, you’re entitled to compensation by becoming a part of a lung cancer tort.


Can You Sue for Lung Cancer?

Yes, you or your family can sue for lung cancer under certain circumstances. Suppose you or a family member developed lung cancer as a result of occupational exposure to harmful substances, environmental pollutants, and/or unsafe working conditions in industries like construction. In that case, you may be eligible to file a legal claim. 

Lung cancer lawsuits typically seek compensation for medical expenses, lost wages, and other damages related to the illness. The success of such a lawsuit often depends on the ability to prove the link between a case of lung cancer and exposure to harmful substances or conditions.

In some instances, former smokers are still eligible to pursue action against employers. Family members of the deceased can also pursue legal action in certain circumstances. 

Who is Qualified to Pursue Legal Action after Being Diagnosed with Lung Cancer?

Currently, attorneys are pursuing action in a lung cancer tort for blue-collar workers diagnosed with the illness that meet specific criteria. Keep in mind smokers, as well as family members of the deceased who passed away due to lung cancer or mesothelioma, are eligible to get involved in this lawsuit. 

If You Developed Lung Cancer/Mesothelioma in the Following Trades

This lung cancer lawsuit is meant to help workers and families of those who previously worked in the following trades:

  • Boilermaker
  • Brick Mason
  • Carpenter
  • Roofer
  • Electrician
  • Grinder
  • Insulator
  • Longshoreman
  • Welder
  • Machinist
  • Laborer
  • Millwright
  • Pipefitter
  • Painter
  • Maintenance Mechanic
  • Merchant Marine
  • Sandblaster
  • Operator
  • Railroad
  • Clutch Work
  • Change Brake Pads
  • Other Blue-Collar or Labor Occupation

If You Meet the Following Criterion

Suppose the following circumstances apply to you or a family member. In that case, you are eligible to pursue legal action with this tort lawsuit (even if you were a smoker or if your family member has passed away):

  1. You were born prior to 1960.
  2. You worked in a qualifying occupation or trade areas listed above.
  3. You were diagnosed with one of the following:
    • Lung Cancer (Originated in the lungs)
    • Mesothelioma (Diagnoses must be within 3 years from intake date)
  4. You were diagnosed by one of the following methods:
    • Biopsy (Pathology)
    • Fine Needle Aspiration Biopsy (Cytology)
    • Pulmonary Lobectomy
    • Bronchoscopy
  5. You are not currently working with another attorney.
  6. You do not reside in Louisiana or Michigan.

If a claimant is deceased, the following SOL is applied from the intake date: 

  • Lung Cancer: 10 Years (Unless Pathology & Chest X-ray reports are available) 
  • Mesothelioma: 3 Years

If the provided industry/criterion applies to you, book a call with attorneys pursuing legal action for lung cancer patients today


What to Look for in an Attorney for a Lung Cancer Lawsuit

You and your family deserve justice if external factors caused your cancer. It would be best if you had the right attorney when filing a lung cancer claim.

Here is what to look for in a lawyer when bringing forward a lung cancer-related lawsuit:

1. Contingency Structure

For many cancer patients, medical bills and being unable to work can make it difficult to provide for yourself and your family. As a result, you may be hesitant to take on a legal case with expensive attorney fees.

Fortunately, suppose a lawyer believes you have a winning case. In that case, they may be willing to work on contingency, which means they won’t charge you upfront and will only collect a percentage of your earnings if the lung cancer claim results in a court victory or out-of-court settlement. 

If you meet the above qualifications regarding your trade and background, you can hire an attorney on contingency for your lung cancer lawsuit. Get started with an attorney today to get involved in a lung cancer tort. 


2. Proven Track Record in Medical-Related Court Cases

Cases pertaining to medical impairments due to lung cancer have often been difficult to prove, especially if the plaintiff is/was a smoker. 

You’ll need to be choosy about which lawyer you select to file your lung cancer claim to earn you a settlement. 

Consider an attorney with a proven track record filing civil court cases on behalf of cancer patients who were exposed to external causes.


3. Expertise in Medical Realm and Related Laws

In addition to having a winning record, you’ll want an attorney who has a firm grasp on

  • Your medical condition and external causes
  • Medical experts that can be called in to support your case
  • Laws pertaining to cancer and protecting workers

Steps to Filing a Lung Cancer Claim

If you meet the aforementioned requirements for joining the discussed lung cancer lawsuit, filing a claim for your lung cancer will proceed as follows:

1. Talk to an Attorney

Call an attorney today to discuss the circumstances around your lung cancer, previous work experience, age, diagnosis, etc.

If you meet the criterion and the attorney feels confident in your case, they will provide details around the laws related to worker protections, explain the full legal process to getting you justice, and highlight the timeframe you and your family can expect to receive a settlement within. 


2. File a Claim

Once your lawyer has the full details of your diagnosis, employment, etc, they will file a formal complaint. This complaint details the events that transpired related to your cancer and the compensation you expect.

3. Focus on Settlement

In many instances, the defendant will opt to settle out of court. If this is the case, you will receive compensation without having to appear in court after one or several rounds of negotiation around the settlement amount.

If the defendant does not settle, the attorney will bring forward your case in court.

If you opt to work with the attorney on contingency, they will only get compensated if they earn you a settlement or win your case in court. 

Get Justice to Pay Your Medical Bills & Living Expenses

Battling lung cancer is challenging enough for you and your family as is. Dealing with the expensive medical and living costs while dealing with treatment and recovery makes it even more challenging. 

If external sources play a role in your development of cancer, you deserve justice. 

For tradesmen who developed lung cancer or mesothelioma, CALL 480-914-6787 FOR A FREE CONSULTATION OR SUBMIT A FORM HERE.

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Attorney at Law Magazine is a national B2B trade publication for and about private practice attorneys. The magazine focuses on the industry, its events, happenings and the professionals and firms that drive its success. The editorial is a collaboration of interviews with professionals, industry expert penned columns and articles about advancing your legal practice through marketing, practice management and customer service.

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