What Are Class Action Lawsuits for Lung Cancer?
Class action lawsuits allow multiple people to file lung cancer claims against the party responsible for injury or other wrongdoing. Sometimes hundreds of claims can be covered in one class action lawsuit if each person’s injuries are similar.
Historically, many lung cancer class action lawsuits were once filed against asbestos product manufacturers or tobacco companies.
These class action lawsuits argued that companies intentionally put people at risk of exposure to carcinogens (cancer-causing substances) and were responsible the lung cancer diagnoses of the victims.
When successful, all people involved in the class action split the total settlement or verdict.
However, asbestos lung cancer class action lawsuits are no longer commonly filed since each person’s exposure history is different and a personal injury lawsuit would likely award more compensation.
If you have been diagnosed with lung cancer after being exposed to asbestos or silica, you may be eligible for a lung cancer lawsuit. Our team can help you get connected with top lung cancer lawyers near you. Get started with a free case review now.
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Why Are Lung Cancer Class Action Lawsuits Rarely Filed?
While there are some benefits to a class action lawsuit for lung cancer, such as proving the scope of damage companies caused, they are usually not the best option for lung cancer patients.
Some reasons class action lawsuits for lung cancer are not filed include:
- Exposure variations: Each person will have a different level of exposure to asbestos or other cancer-causing materials. This makes it difficult to argue that each person was affected the same way, which is a requirement of a class action lawsuit.
- Illness severity: The severity of asbestos lung cancer will vary for each person depending on their general health and the level of exposure.
- Varying medical costs: Because the severity and type of lung cancer will change for each person as well as their general health at the time of treatment, some people may have higher medical bills than others.
- Payouts: It’s likely that lung cancer patients could receive more through filing individual lung cancer lawsuits than if they simply divided up the compensation evenly from one class action case.
For these reasons, legal experts began to encourage other legal options for victims of asbestos product manufacturers.
Other Legal Options for People With Lung Cancer
People with lung cancer or asbestos-related diseases have other options besides class action lawsuits. These include personal injury lawsuits, asbestos trust fund claims, and veterans’ benefits claims.
Lung Cancer Lawsuits
Lung cancer patients can file individual personal injury lawsuits for compensation. These claims can hold asbestos product manufacturers accountable for the patient’s exposure to asbestos fibers and cancer diagnosis.
Further, family members can file a wrongful death lawsuit if a loved one dies from asbestos-related lung cancer.
The average settlement for a lung cancer lawsuit depends on several factors, but some settlements can award amounts of six figures or more.
Common factors affecting lung cancer lawsuit payouts include the person’s health, age, medical expenses incurred, and which asbestos products they were exposed to.
Asbestos Trust Fund Claims
Many asbestos companies filed for bankruptcy to avoid dealing with lung cancer lawsuits. However, these companies were required to create asbestos trust funds to compensate lung cancer patients and other victims of asbestos exposure.
Approximately $30 billion is available in asbestos trust funds today. Lung cancer patients can maximize compensation by filing claims with multiple asbestos trusts.
Veterans Benefits Claims
Sadly, U.S. veterans are at an increased risk of lung cancer, mesothelioma (a cancer of the lining of internal organs), and other asbestos-related illnesses. This is because asbestos was used so heavily in military ships, bases, and vehicles prior to the early 1980s.
As a result, veterans with lung cancer or mesothelioma may be eligible for benefits from the U.S. Department of Veterans Affairs (VA).
Veterans with asbestos-related diseases are often eligible for the most compensation possible through the VA and may also have access to top treatment centers through VA health care.
Lung Cancer Group can help you find a trusted lawyer to help you with your case. Contact us today to get started.
Requirements to Take Legal Action
To file a lung cancer lawsuit, you’ll need the following:
- Proof of exposure to asbestos (such as employment records)
- Medical records showing lung cancer diagnosis and costs of tests such as X-rays and CT scans
- The help of an experienced attorney
Lung cancer claims can be complicated without a lawyer’s help, especially when you are trying to get treatments as well. By working with the right legal team, you can develop a strong attorney-client relationship and fight for the most compensation possible for your case.
History of Lung Cancer Class Action Lawsuits
Despite lung cancer class actions no longer being filed, there were some class action lawsuits that were landmark cases for victims of negligent companies.
For example, the Castano v. American Tobacco Co. case filed in 1994 allowed dozens of people across the United States to seek justice for the damage caused by large tobacco companies. The case showed the lengths tobacco companies went to keep people buying their products despite the dangers and continues to influence tobacco marketing regulations.
- 1930: Dr. Edward Merewether publishes research showing exposure to asbestos-containing products can cause illnesses such as asbestosis. However, companies that make and sell asbestos-based products hid the facts for decades.
- 1973: Judges ruled in Borel v. Fibreboard Paper Products Corp that asbestos manufacturers are liable to people injured by asbestos exposure. This landmark case prompted thousands of asbestos victims to file lawsuits.
- 1994: The Georgine v Amchem Products Inc. case set the precedent (legal example) that class actions were unsuitable for asbestos-related lawsuits because each claimant may develop different asbestos-related diseases.
- 1997: The U.S. Supreme Court rejected a proposal to convert Amchem Products Inc. v. Windsor into an asbestos-related class action lawsuit because each claimant had unique stories.
Since the early 1990s, asbestos lawyers have pursued other legal actions for asbestos lung cancer cases.
Learn More About Lung Cancer Compensation
As with other types of cancer, treating lung cancer can be expensive. In fact, the American Cancer Society estimates that without insurance, lung cancer treatment can cost $140,000 or more.
This is why Lung Cancer Group is dedicated to connecting patients and their families with legal and financial options. We can help you find a lung cancer law firm near you that can explore your legal options.
Each state has a different statute of limitations (time limit) to file so don’t delay. Get started by scheduling a free consultation today.
Lung Cancer Class Action Lawsuit FAQs
What is a class action lawsuit for lung cancer?
A class action asbestos lung cancer lawsuit is filed by a group of lung cancer patients represented collectively by one or a small number of the group’s members.
All of the lung cancer patients in a class action lawsuit were theoretically affected by the actions of the defendant (the party they are suing) similarly. If the lung cancer patients win the lawsuit, the financial awards will be split among them.
Are lung cancer class action lawsuits still filed?
It is rare for class action lawsuits for lung cancer to be filed, especially if the cause is related to asbestos exposure. This is because the U.S. Supreme Court decided in 1997 that consolidating asbestos lung cancer lawsuits into class actions did not account for the unique needs of each person.
As a result, asbestos lawyers will help asbestos lung cancer and mesothelioma patients explore other legal options, such as individual lawsuits and asbestos trust fund claims.
How much compensation can you get for lung cancer?
Private lung cancer lawsuits can award six-figure compensation or more in certain cases. Some asbestos lung cancer patients have even received millions of dollars by filing lawsuits and asbestos trust fund claims.
However, the amounts each lung cancer patient receives will vary. The best way to secure the highest payouts following a lung cancer diagnosis is to work with an asbestos lawyer who can fight for you. Contact us at (877) 446-5767 to see how we can help.