How to Navigate Lung Cancer Lawsuits Related to Asbestos Exposure

Asbestos exposure is a well-documented cause of lung cancer, often affecting workers in industries where the material was commonly used. Asbestos fibers, when inhaled, can cause severe damage to the lungs over time. Many people exposed to asbestos years ago are only now being diagnosed with lung cancer due to its long latency period. Legal action is one of the few avenues available for these victims to seek compensation for their suffering, medical bills, lost wages, and other damages.

Filing a lung cancer lawsuit helps victims get the financial compensation they deserve, and holds companies accountable for exposing workers to harmful asbestos fibers. Lung cancer lawsuits related to asbestos exposure can be complex, involving specific legal expertise to navigate. Let’s explore the connection between asbestos and lung cancer, the types of lawsuits available, and how victims can pursue compensation for their asbestos-related lung cancer with the help of a lung cancer lawyer. 

Asbestos Exposure and Its Connection to Lung Cancer

How Asbestos Exposure Leads to Lung Cancer

Asbestos is a natural mineral that was once widely used in industries like construction, shipbuilding, and automotive manufacturing. The material was valued for its durability and resistance to heat and chemicals. However, asbestos fibers are highly dangerous when disturbed. When these tiny fibers become airborne and inhaled, they can embed themselves in the lungs, leading to serious respiratory diseases, including lung cancer.

Asbestos-related lung cancer occurs when the fibers cause inflammation and scarring in lung tissue. This damage can lead to genetic mutations in lung cells, which can eventually result in cancerous growth. The risk of developing asbestos-related lung cancer increases with the amount of exposure and the length of time a person is exposed to the fibers.

Industries and Occupations at High Risk of Asbestos Exposure

Certain industries are particularly prone to asbestos exposure. Workers in construction, insulation, manufacturing, and shipbuilding were most at risk because asbestos was widely used in building materials, insulation, and machinery. Electricians, pipefitters, and boilermakers are also among those with increased risk.

The military, especially Navy veterans, is another group frequently exposed to asbestos. Many ships were built using asbestos-containing materials, and service members often worked in environments with poor ventilation, heightening their risk of exposure.

The Latency Period of Asbestos-related Lung Cancer

One of the most challenging aspects of asbestos-related lung cancer is its long latency period. The time between asbestos exposure and the development of lung cancer can span decades, typically ranging from 20 to 50 years. This delayed onset makes it difficult for victims to link their lung cancer diagnosis to their past exposure to asbestos.

Smoking does not disqualify you from filing an asbestos lung cancer lawsuit. Many lung cancer victims who smoked during their asbestos exposure still qualify for legal claims because asbestos exposure is a known, independent cause of lung cancer. Courts recognize the combined effects of smoking and asbestos and do not disqualify victims who smoked from seeking compensation.

Legal Avenues for Lung Cancer Victims

Types of Legal Claims for Lung Cancer Victims

Victims of asbestos-related lung cancer have several legal options for seeking compensation. Personal injury lawsuits are one of the most common avenues. In a personal injury case, the victim files a lawsuit against the company responsible for their asbestos exposure, seeking compensation for medical expenses, lost income, pain and suffering, and more.

Wrongful death claims are available for the families of those who have died from asbestos-related lung cancer. These claims allow family members to recover compensation for their loved one’s medical expenses, funeral costs, lost financial support, and emotional suffering.

How Asbestos Lung Cancer Lawsuits Differ from Mesothelioma Cases

While asbestos exposure is linked to both lung cancer and mesothelioma, the legal cases for these conditions differ. Mesothelioma is a rare cancer that affects the lining of the lungs, abdomen, or heart, and it is almost exclusively caused by asbestos exposure. Lung cancer, on the other hand, can have multiple causes, with asbestos being one potential factor. This distinction makes asbestos lung cancer lawsuits more complex, as the plaintiff must prove asbestos exposure was a significant contributing factor to their lung cancer.

The Role of Asbestos Trust Funds in Providing Compensation

Over the years, many companies that produced or used asbestos have declared bankruptcy due to the volume of lawsuits filed against them. To compensate victims, these companies set up asbestos trust funds. These trusts are designed to provide compensation to people suffering from asbestos-related diseases, including lung cancer.

If the company responsible for your asbestos exposure has filed for bankruptcy, you may still be able to recover compensation from these trust funds. Trust fund claims are a separate legal process from lawsuits, but they can be pursued concurrently in many cases.

Pursuing Compensation for Lung Cancer

Step-by-Step Guide to Filing a Lung Cancer Lawsuit Related to Asbestos Exposure

1. Consult an Attorney: The first step in filing a lung cancer lawsuit is to consult a lawyer who specializes in asbestos-related cases. An experienced asbestos lung cancer attorney will evaluate your case, review your medical records, and help determine the strength of your claim.
2. Gather Evidence: Evidence is crucial in an asbestos lung cancer lawsuit. Your attorney will gather documents showing your history of asbestos exposure, such as employment records, witness statements, and medical reports linking your lung cancer to asbestos. They will also work to show that asbestos exposure is connected to your cancer diagnosis.
3. File the Lawsuit: Once your attorney has built a strong case, they will file the lawsuit on your behalf. This legal action is typically taken against the companies responsible for your asbestos exposure. These companies may include manufacturers of asbestos-containing products, contractors, or former employers.
4. Negotiation and Settlement: Many asbestos-related lung cancer lawsuits are settled before they go to trial. Your attorney will negotiate with the defendants to secure a fair settlement. If the defendants offer a reasonable compensation amount, your case can conclude without a trial.
5. Trial (If Necessary): If a settlement cannot be reached, your case may go to trial. During the trial, your attorney will present evidence to a judge or jury, arguing that the companies responsible for your asbestos exposure should compensate you for your damages. If successful, the court will award a financial settlement.

Getting Help From Braver Law’s Lung Cancer Attorneys

Why Hiring a Specialized Lung Cancer Lawyer Is Essential

Navigating the complexities of an asbestos lung cancer lawsuit requires specialized legal expertise. A general personal injury lawyer may not have the experience needed to handle the nuances of these cases. At Braver Law, our lung cancer attorneys have extensive experience representing victims of asbestos-related lung cancer. We understand the legal landscape and how to build a strong case that maximizes your chances of receiving the compensation you deserve.

How Attorneys Help Navigate the Complexities of Asbestos Lung Cancer Cases

A skilled lung cancer attorney will help you through every stage of your lawsuit. They will gather evidence, interview witnesses, and review your medical records to build a solid case. Lawyers will also handle the legal paperwork, negotiate with defendants, and advocate on your behalf in court if necessary. With experienced legal counsel, you can focus on your health while your attorney fights for justice.

Asbestos exposure remains a leading cause of lung cancer, with victims often unaware of their exposure until decades after the fact. Filing a lung cancer lawsuit related to asbestos exposure can provide critical financial compensation to cover medical expenses, lost wages, and other damages. Legal action also holds companies accountable for their role in exposing workers to asbestos.

Contact Braver Law to Get a Free Case Review and File a Claim with a Lung Cancer Lawyer

If you or a loved one has been diagnosed with lung cancer due to asbestos exposure, seeking legal help is important. An experienced lung cancer lawyer can guide you through the legal process, help gather the necessary evidence, and secure the compensation you need. Contact Braver Law today to discuss your lung cancer case, get a free case review, and begin the process of pursuing the compensation you deserve by filing a claim.