Asbestos Lung Cancer Settlements
Lung cancer is a devastating disease that affects tens of thousands of Americans every year. People exposed to asbestos on the job prior to the 1980s are increasingly being diagnosed with lung cancers decades after exposure due to the mineral's carcinogenic effects. This highlights the importance of being aware of asbestos lung cancer risks and legal options if you or a loved one develops this asbestos-related disease. If you or a loved one has been diagnosed with lung cancer, contact the lung cancer lawyers at Braver Law.
Last Updated
July 23, 2024
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Legally Edited and Fact-Checked by:
Daniel L. Braverman, Founding Attorney, Braver Law
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Get the Compensation You Deserve
We've recovered $100+ million in compensation for clients nationwide. Find fair compensation and file a claim, with first payment in as little as 90 days.
Get the Compensation You Deserve
Our VA-accredited lawyers have recovered $100+ million in compensation for clients nationwide. We help veterans file claims, with first payment in as little as 90 days.
Get the Compensation You Deserve
Our lawyers have recovered $100+ million in compensation for clients nationwide. We file claims with with no upfront costs and a free case review.
Diagnosed with Mesothelioma or Lung Cancer?
Our asbestos lawyers help clients file claims nationwide, no lawsuit required, no upfront costs, with the first payment to you in as little as 90 days.
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"If you have lung cancer or mesothelioma, don’t assume that you do not have a case. Go ahead and contact Braver Law. They know exactly what needs to be done to win your case."
- Osvaldo P , Miami, FL
If you were exposed to asbestos and subsequently diagnosed with lung cancer, you may have grounds to file a lawsuit and/or asbestos trust fund claims. Financial compensation can help cover medical costs and lost income associated with this debilitating cancer. Reading this guide to asbestos lung cancer settlements can help you better understand your legal rights and whether you may have a valid claim. An experienced asbestos attorney can also evaluate your work history and medical records to advise you on the best path forward for recovering damages. There are time limits for pursuing compensation, so it's important to explore your options promptly if you develop lung cancer after asbestos exposure.
If you or a loved one has been diagnosed with lung cancer due to asbestos exposure, contact the lung cancer lawyers at Braver Law.
Who Qualifies for Lung Cancer Settlements?
If you've been diagnosed with lung cancer due to asbestos exposure, you may be eligible for compensation. To qualify, you need documented exposure to asbestos, typically from jobs like construction, manufacturing, or the military, for at least five years prior to 1986, with full-time work occurring after age 17. The cancer must originate in the lungs, and medical records confirming the diagnosis are necessary, even if a biopsy wasn't performed due to medical reasons. Smoking history isn't a disqualifier. Each asbestos trust fund has specific criteria, so consulting with an experienced asbestos lawyer is key to navigating the process. If you meet the criteria, you could receive compensation for your injuries and losses. Contact the lung cancer lawyers at Braver Law for assistance to learn if you qualify.
How Much Are Lung Cancer Lawsuit Settlements?
If you have developed lung cancer as a result of asbestos exposure, you may be able to obtain substantial financial compensation by pursuing legal action. However, the amount of settlements and verdicts for asbestos lung cancer cases can vary substantially based on the specifics of each case. Some key factors that influence the value include:
- Type of lung cancer - Cases of mesothelioma often result in higher payouts than other types of lung cancer caused by asbestos. The average settlement for mesothelioma cases is around $1.2 million. Settlements for asbestos-related lung cancers average around $100,000.
- Jurisdiction - Some states are considered more favorable jurisdictions for plaintiffs in asbestos cases. States like California, New York, Pennsylvania, Louisiana, West Virginia, Massachusetts, New Jersey, and Illinois have a history of awarding higher verdicts.
- Number of defendants - Cases naming multiple defendant companies often lead to higher settlements because multiple parties share liability. This allows plaintiffs to tap into more insurance coverage and asbestos trust funds.
- Extent of exposure - The number of job sites where asbestos exposure occurred, the length and duration of the individual's work history in environments with asbestos, the specific materials or chemicals used during their work, and the nature of their job tasks all contribute to the determination of the settlement amount. Factors such as handling asbestos-containing materials directly or working in industries known for heavy asbestos usage can heighten the health risks and impact the compensation level accordingly.
- Skill of attorneys - An experienced asbestos litigation attorney knows how to maximize compensation through settlement negotiations or at trial. Hiring a skilled lawyer significantly impacts the result.
While past settlements and verdicts can provide a general benchmark, every lung cancer case is different. An attorney experienced in asbestos litigation can thoroughly evaluate your specific situation and provide guidance on what compensation you may be entitled to recover. If you or a loved one has been diagnosed with lung cancer after asbestos exposure, contact the lung cancer lawyers at Braver Law.
Securing Asbestos Lung Cancer Compensation in All 50 States
If you or a loved one has developed lung cancer after being exposed to asbestos, you may have legal options regardless of where you live. Every state has laws allowing victims to pursue financial recovery through asbestos trust funds or personal injury lawsuits. An experienced asbestos lawyer can help you navigate the process in your state. Here is a quick overview of how asbestos lung cancer compensation works across the country:
- Trust Fund Claims - There are over 60 asbestos bankruptcy trust funds set up to pay victims of companies that went bankrupt due to asbestos liabilities. Over $30 billion remains in these funds to compensate victims. Each fund has specific eligibility criteria and most cover all 50 states. An asbestos lawyer can pinpoint which trust funds you qualify for based on your asbestos exposures. They can then gather medical records, exposure history and other supporting documentation to submit a claim on your behalf. The entire claims process is handled remotely, so your location does not matter. These trust funds have paid out billions to asbestos victims to date.
- Lawsuits - Lawsuits are allowed nationwide against companies that exposed victims to asbestos and caused them to develop lung cancer. To file a lawsuit, your asbestos lawyer will need to establish which companies are responsible for your exposure and have the resources to pay fair compensation. Defendants often include premises owners, product manufacturers, and contractors. Some states may cap damage awards, but experienced asbestos attorneys know how to maximize recoveries under the laws of each state. Lawsuits also allow for depositions and discovery that trust fund claims do not permit.
- Local Resources - Your state likely has asbestos-related legal resources that can prove useful. This includes local asbestos lawyers with track records of success in your jurisdiction, state victim support groups, and specifics on laws and court procedures governing asbestos cases. Your chosen law firm should be able to connect you to helpful local resources.
- Timing Matters - Each state has its own statute of limitations dictating the deadline for filing asbestos-related lawsuits and trust fund claims. Your asbestos lawyer can determine the exact timing constraints for seeking compensation in your jurisdiction. It's critical to take prompt legal action in order to preserve your rights.
Asbestos exposure causes lung cancer in people throughout America. With an experienced lawyer guiding you through the process in your state, you can seek fair compensation after this devastating diagnosis. Local and national resources make justice possible for victims across all 50 states. If you or a loved one has been diagnosed with lung cancer after asbestos exposure, contact the lung cancer lawyers at Braver Law.
Determining Asbestos Lung Cancer Settlement Amounts
If you are pursuing compensation for asbestos lung cancer, one of the first questions on your mind is likely "how much can I recover?" The specific amount of any settlement depends on multiple unique factors. An asbestos lawyer considers these key elements when assessing the potential value of a client's case:
- State Laws - Some states place caps on personal injury damages, impacting asbestos lawsuit payouts. Experienced asbestos attorneys understand the laws in each state and how to maximize recoveries despite caps. They also take venue issues into account.
- Type of Cancer - Mesothelioma cases often result in higher settlements than other asbestos-related lung cancers. This is due to mesothelioma's clear link to asbestos exposure. An asbestos lawyer looks at medical specifics to value cases appropriately.
- Age and Life Expectancy - Sadly, younger lung cancer victims have higher case values since their lost earning capacity is greater and they'll endure more pain and suffering over time. Experienced lawyers consider life expectancy.
- Economic and Non-Economic Damages - This includes all costs associated with asbestos cancer - lost income, medical bills, cost of future care, pain/suffering, loss of consortium for family and more. Skilled asbestos lawyers tally all current and future damages.
- Number of Defendants - Cases against multiple companies yield higher settlements because liability is spread across multiple parties. Asbestos lawyers name all potentially liable companies as defendants.
- Extent of exposure - The number of job sites where asbestos exposure occurred, the length and duration of the individual's work history in environments with asbestos, the specific materials or chemicals used during their work, and the nature of their job tasks all contribute to the determination of the settlement amount. Factors such as handling asbestos-containing materials directly or working in industries known for heavy asbestos usage can heighten the health risks and impact the compensation level accordingly.
- Trial Risks - Defendants weigh potential trial outcomes when negotiating settlements. Strong evidence in a plaintiff's favor forces companies to offer maximum compensation to avoid unpredictable jury verdicts.
Asbestos lawyers consider these and other factors when valuing cases. Their expertise allows victims to determine reasonable compensation estimates with confidence. Though past settlements serve as guides, each case has unique aspects that require individual analysis by experienced counsel. If you or a loved one has been diagnosed with lung cancer after asbestos exposure, contact the lung cancer lawyers at Braver Law.
How to Seek Asbestos Lung Cancer Settlements
The process of obtaining compensation for asbestos lung cancer requires strategic legal representation. Here are the key steps so you know what to expect when working with asbestos lawyers on settlements:
- Case Evaluation - Your asbestos lawyers will first thoroughly examine your situation including asbestos exposure history, medical records, cancer diagnosis and current/future hardships. This provides a baseline for assessing legal options.
- Identify Defendants - Companies that made asbestos-containing products you worked with, premises owners where exposure occurred, and employers with liability are targets. Experienced lawyers cast a wide net.
- Explore Trust Funds - Asbestos bankruptcy trust funds pay billions to victims. Your lawyers identify trusts tied to companies linked to your exposure and pursue claims.
- File Lawsuit - Lawsuits against solvent companies allow for larger recoveries through settlements and ensure all liable parties pay. This also unlocks litigation tools like depositions and discovery.
- Negotiate Resolution - Lawyers use evidence and legal leverage to negotiate the maximum possible settlement. This involves extensive talks with insurance representatives and in-house counsel.
- Get Compensation - Settlement funds get distributed on an agreed schedule after negotiations conclude and releases are signed. This compensation helps victims and their families move forward.
With lung cancer lawyers guiding you through each step, the settlement process moves efficiently while you focus on your health. Dedicated counsel overcomes legal hurdles and maximizes your recovery. If you or a loved one has been diagnosed with lung cancer due to asbestos exposure, contact the lung cancer lawyers at Braver Law.
Frequently Asked Questions About Asbestos Lung Cancer Settlements
What key factors determine the amount of an asbestos lung cancer settlement?
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The value of any lung cancer case depends on specifics like the type of asbestos cancer, the extent of asbestos exposure, the number of companies implicated, and state laws governing liability and damages. An experienced asbestos attorney thoroughly analyzes these variables to project potential settlement ranges.
How long does it take to receive compensation after filing an asbestos lung cancer lawsuit?
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It typically takes 12-18 months from the filing date to resolve these cases through settlement and receive financial recovery. Complex cases involving multiple defendants may take longer to fully resolve. Skilled asbestos lawyers know how to expedite the process efficiently.
What medical records do I need to provide to pursue an asbestos lung cancer settlement?
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You'll need to supply diagnostic records confirming your lung cancer diagnosis.. If possible, it is good to bring the pathology report but our asbestos lawyers will gather everything we need. Your lawyers can help gather all required medical evidence.
Is there a deadline to take legal action for asbestos lung cancer compensation?
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Every state has strict statutes of limitations for filing asbestos-injury lawsuits, usually 1 to 6 years from diagnosis. As skilled asbestos lawyer may be able to extend the deadline depending on the circumstances. Acting promptly is essential.
Do asbestos lung cancer settlements get reduced if I was also a smoker?
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Not necessarily. Skilled asbestos lawyers know how to prove asbestos exposure caused the cancer even if you smoked. At Braver Law we will try to open cases even if there was a history of smoking. However, settlements may be lower compared to never-smokers depending on state laws.
What steps can I take now to improve my chances of getting an asbestos settlement?
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Don't delay in exploring your legal options and hiring a qualified asbestos law firm to start building your case. Also focus on following doctors' orders and prioritizing your health during this challenging time. Pursuing compensation for asbestos lung cancer can be a complex process. These answers help you understand key considerations as you seek justice. A dedicated asbestos lung cancer attorney can fully advise you on legal strategies for your situation. If you or a loved one has been diagnosed with lung cancer after asbestos exposure, contact the lung cancer lawyers at Braver Law.