5 Things You Should Know Before Filing a Lung Cancer Lawsuit
According to the American Cancer Society, lung cancer is by far the leading cause of cancer death in the U.S. Lung cancer accounts for approximately one in five of all cancer deaths. More people die each year of lung cancer than colon, breast, and prostate cancers combined.
If you or a loved one is diagnosed with lung cancer, the news can be devastating, and it may be confusing to know what to do next.
If you believe that you were negligently exposed to a cancer-causing toxin, you may be entitled to file a lung cancer lawsuit and receive compensation.
The team at Flint Cooper is here to help you through the process and provide compassionate legal representation unique to your specific set of circumstances and needs.
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5 Things You Should Know Before Filing a Lung Cancer Lawsuit
In 2019, Centers for Disease Control and Prevention lung cancer statistics showed that Kentucky ranks in the top 10 states with the most cases per capita.
There are countless lung cancer lawsuits filed in the U.S. Here are some of the things you should know before filing your claim.
1. What Is Necessary for a Lung Cancer Lawsuit?
To have a valid lung cancer lawsuit, you must first start with an official diagnosis from a medical professional. Your health comes first in all situations, so it is important that you immediately begin the treatment protocol decided on by you and your doctor.
The most important factor in a personal injury case is that the injury or illness occurred because of the negligent actions of another party.
Lung cancer is generally caused by the inhalation of toxins like tobacco, asbestos, radon, and potentially others. You will need to prove that someone else’s negligence caused you to be exposed to cancer-causing toxins.
Alternatively, if your medical provider fails to properly diagnose your lung cancer or treat it according to medical industry standards, your condition could worsen. In this circumstance, you will be filing a case for medical malpractice.
2. What Is a Class Action Lawsuit for Lung Cancer?
A class action lawsuit for lung cancer is a claim brought by a group of people against the same defendant for generally the same problem.
These often cut down litigation costs for all parties involved because they share the same evidence, witnesses, expert testimony, and other legal expenses. The settlement or verdict award is split between plaintiffs, as are any costs.
There are many things to consider when joining a class action lawsuit for lung cancer, and your attorney can help advise you on what is best for your situation.
3. Can I Sue Tobacco Companies for Lung Cancer?
The specific circumstances of your situation will have to be evaluated to determine if you can sue tobacco companies for lung cancer.
It is fairly well known that smoking tobacco causes lung cancer, so you will likely need to prove that the company failed to warn you, as a consumer, about the dangers of using tobacco. It is worth discussing this potential option with experienced lung cancer lawyers.
4. What Is the Average Settlement for a Lung Cancer Lawsuit?
Each case is unique, given the associated medical expenses, progression of the disease, and liability of the negligent party.
In general, you may be entitled to compensation for costs like diagnosis, treatment, hospitalization, in-home care, lost wages, and other expenses. You may also receive compensation for pain and suffering along with other physical, mental, and emotional hardships.
5. How Long Do You Have to File a Lung Cancer Lawsuit in Kentucky?
Every state has its own time limit on how long you can wait to file a claim. Kentucky has a short statute of limitations. You have one year from the date the cause of the illness was known or should have been known to file a lung cancer lawsuit. This may seem like a long time, but it is not.
Your lawyer must gather evidence, build a case, and negotiate with the insurance company—and if all else fails, then they will file a lawsuit and take the case to trial if needed. This all takes time and means that you should seek counsel from lung cancer lawyers as soon as reasonably possible.
Experienced Contact Lung Cancer Lawyers
The lung cancer attorneys at Flint Cooper have recovered over $2 billion for clients impacted by asbestos, which is a cancer-causing toxin. We understand how complex these cases can be.
We can help you determine if it is best to file a separate case or if there is an option for a class action suit. Wherever you are in your lung cancer diagnosis, you already have enough of a battle. Let us fight the legal battle for you.
Contact us to schedule your case consultation.
About the author:
Ethan Flint
Ethan is a founder and managing partner of Flint Cooper, a law firm specializing in complex litigation. Ethan has extensive experience in personal injury cases, representing clients injured by asbestos, defective pharmaceuticals and medical devices, and leads the firm’s government takings practice.
