Lung Cancer Lawsuit

Receiving a lung cancer diagnosis can be devastating in a number of ways, including financially. A lung cancer lawsuit may be able to compensate you for your monetary losses and pain and suffering if you were exposed to asbestos. Learn more about how lung cancer lawsuits can help and if you’re eligible to file.

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Written and Fact-Checked by: Lung Cancer Group

Last updated: June 7, 2023

Top Topics:

Types of Lawsuits
Eligibility to File
Average Lung Cancer Payouts
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About Asbestos Lung Cancer Lawsuits

If someone develops lung cancer due to exposure to asbestos, a dangerous carcinogen (cancer-causing substance), they may be able to file a lung cancer lawsuit against the companies responsible.

For decades, people were exposed to asbestos and unknowingly put at risk of asbestos-related lung cancer 10-50 years later. Companies that made and sold asbestos-based products knew they were putting people at risk but actively hid the facts to keep making profits.

You can pursue a lawsuit if you have either type of lung cancer due to asbestos exposure:

Non-small cell lung cancer (NSCLC) is any type of epithelial lung cancer that is not small cell lung cancer. The most common types of NSCLC are large cell carcinoma, squamous cell carcinoma, and adenocarcinoma.
Small cell lung cancer (SCLC) is a rare cancer affecting lung tissues. People who have a long history of tobacco use are at a higher risk of SCLC.

Lung cancer lawsuits can help pay for lung cancer treatment and provide financial stability in a difficult time. Learn how our team can help you with a Free Case Review.

Types of Lung Cancer Lawsuits

There are a few types of lung cancer lawsuits, including the following.

Lung Cancer Personal Injury Lawsuits

Lung cancer personal injury lawsuits are filed by people who developed lung cancer due to exposure to asbestos.

Lung cancer personal injury lawsuits are usually filed against manufacturers of asbestos products or against employers who knew of the substance in the workplace and failed to protect employees.

Wrongful Death Lawsuits

Families can file a wrongful death lawsuit if they lose a loved one to lung cancer linked to asbestos.

For example, suppose a grandfather was exposed to asbestos while working at a shipyard. Eventually, he developed and died of asbestos lung cancer.

The family may be able to seek justice and financial compensation by filing a wrongful death lawsuit against those who exposed their loved one to asbestos.

Asbestos Class-Action Lawsuits

Previously, those with lung cancer and other asbestos-related diseases (like mesothelioma) were able to file class-action lawsuits to get compensation.

That said, class-action lawsuits for asbestos lung cancer are not typically filed anymore. This is because each person who has asbestos-related lung cancer could have been exposed in different ways.

Further, filing an individual lung cancer lawsuit could award more money.

Other Compensation Options

When asbestos-product manufacturers filed for bankruptcy, they were required to set aside asbestos trust funds to pay those suffering as well as those who could get sick in the future. Asbestos lung cancer patients can file for compensation from these funds in addition to filing lawsuits.

There is an estimated $30 billion still available in asbestos trust funds today. People with asbestos-related lung cancer can often file claims against multiple asbestos trust funds if they were exposed to asbestos products from multiple manufacturers.

Reasons to File a Lung Cancer Lawsuit

Pursuing the legal process can sometimes seem overwhelming, especially when trying to navigate a lung cancer diagnosis and treatment.

However, lung cancer lawsuits can help patients in multiple ways, and the best asbestos lawyers can make the process as simple as possible.

Reasons to file lung cancer lawsuits include:

To help pay for treatment: Lung cancer treatment can cost over $140,000 without insurance, according to the American Cancer Society. Compensation from lung cancer lawsuits can help you pay for treatment and other expenses that insurance can’t cover.
To hold asbestos companies accountable: Asbestos manufacturers knew of the risks but continued to profit off their dangerous products. Lawsuits can help families feel a sense of justice against those responsible.
To help family and loved ones after you pass: Sadly, loved ones are often left with funeral expenses and medical bills after their family member with lung cancer passes. Lung cancer lawsuits can help families cover these costs.

Who Is Eligible for a Lung Cancer Lawsuit?

Many people can eligible for filing asbestos lung cancer lawsuits.

These include:

People who have developed lung cancer due to exposure to asbestos products
People who have a lost loved one to asbestos lung cancer

Some people may not consider themselves eligible for a lung cancer lawsuit if they have a history of smoking. However, even one exposure to asbestos can greatly increase someone’s risk of lung cancer.

Asbestos does not need to be the sole cause of your lung cancer — you just need to prove that it was a possible contributing factor.

Not sure if you are eligible to file a lung cancer lawsuit? Our team can help find where you were exposed and if you can file a lung cancer lawsuit. Contact us today to get started.

Compensation From Lung Cancer Lawsuits

Lung cancer patients who pursue lawsuits can receive compensation from lung cancer settlements or verdicts.

Settlements occur when your legal team and the companies being sued for your asbestos exposure negotiate compensation for pain and suffering, medical expenses, and more. Most often asbestos lung cancer lawsuits are settled without going to a trial jury.

If an agreement cannot be made for the compensation you deserve, the lawsuit will go to trial. During a trial, a jury provides a verdict detailing how much compensation is awarded to you.

Average Lung Cancer Lawsuit Payouts

The average lung cancer case can award hundreds of thousands of dollars — life-changing compensation — with some receiving more or less depending on the nature of their case.

For example, one lung cancer patient was awarded $350,000 to help pay for treatment and other expenses.

Factors Affecting Lung Cancer Compensation

The amount of compensation you will receive for an asbestos lung cancer lawsuit can vary.

Common factors affecting lung cancer cases include:

Frequency and extent of asbestos exposure
Number of asbestos companies responsible for exposure
Patient’s health and severity of cancer at the time of diagnosis

Working with a trusted asbestos lawyer is the best way to secure the most compensation possible for your case. A positive attorney-client relationship helps your attorney understand and fight for your needs.

How Do Asbestos Lung Cancer Lawsuits Work?

If you are interested in filing a lung cancer lawsuit, here’s what you can expect throughout the process.

1. Hire an Asbestos Lung Cancer Lawyer

First, hire a lung cancer lawyer. A skilled lung cancer attorney can determine whether you are eligible to file a lung cancer lawsuit.

Additionally, lawyers can guide you through the process of filing a lawsuit and ensure that you get the most compensation possible.

Our team can help connect you with a top asbestos lawyer in your area. Get started with a free case review today.

2. Gather Evidence & Documentation

If you are eligible for filing a lung cancer lawsuit, your lawyer will build your case.

They will begin by gathering evidence and documentation to prove that you or a loved one deserve justice and financial compensation for developing lung cancer.

This may include:

Job descriptions revealing the history of asbestos exposure
Medical bills showing how much money was spent on treating lung cancer
Medical records, blood tests, and imaging scans (such as CT scans, a biopsy, and chest X-rays) showing the extent of the lung cancer tumors
Pay stubs demonstrating past employment
Physicians’ statements connecting asbestos exposure to the lung cancer diagnosis

3. File Your Lung Cancer Claim

After gathering evidence and documentation, your attorney and their legal team will file your lung cancer claim and asbestos trust fund claims before your state’s statute of limitations or deadline.

4. Begin Settlement Negotiations

Once your claim has been filed, your lawyer will begin settlement negotiations with the opposing side(s).

Settlement negotiations are discussions between your attorney and the lawyer for the person or company responsible for lung cancer.

5. Lung Cancer Case Goes to Trial

If the opposing side(s) can’t agree to a reasonable settlement amount, your lawyer can bring your lung cancer case to trial.

Other reasons for bringing a case to trial include:

A desire for publicity and openness: If you want to draw public attention to the opposing side’s behavior or negligence, you may want to pursue litigation instead of private negotiations.
Settling legal questions: You may want to bring the lung cancer case to trial to challenge established legal norms and set new precedents.

6. Receive a Case Judgment

After going to trial, you will receive an official case judgment or verdict. Contact your lung cancer lawyer to learn more about when you will receive a case judgment and how to receive the money.

Find Help With a Lung Cancer Lawsuit

Pursuing a lung cancer lawsuit can feel stressful for patients and their families, especially when treatments are expensive and taxing on the body.

Our team of advocates at Lung Cancer Group can help. We can connect lung cancer patients and families to top asbestos lawyers that can help them pursue financial justice.

Get started with a free case evaluation. We don’t charge upfront fees and we can help make taking legal action easy and stress-free.

Lung Cancer Lawsuit FAQs

Can you sue for lung cancer?

Yes, you can sue for lung cancer if you were exposed to asbestos. Even one exposure to asbestos decades ago can greatly increase someone’s risk of developing lung cancer.

With a database of asbestos exposure sites, our team can help you or a loved one identify when and where asbestos exposure happened and connect you with a trusted lung cancer lawyer. Contact us today to get started.

Is there compensation for lung cancer?

Yes. Compensation is available for lung cancer patients if they were exposed to asbestos decades ago. With the help of lung cancer lawsuit compensation, patients can afford life-changing care and ease any financial stress their families may be experiencing.

What is the average settlement for asbestos lung cancer?

The settlement amount for each lung cancer case varies, but some patients are awarded hundreds of thousands of dollars.