Asbestos Lung Cancer Lawsuit
Patients may file asbestos lung cancer lawsuits to seek compensation from responsible companies. Compensation may help cover medical bills and other costs. Lawyers can explain to patients and families who qualifies. They may recommend asbestos lung cancer lawsuits or trust fund claims.
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Notable Asbestos Lung Cancer Settlements & Verdicts
Asbestos lung cancer lawsuits help patients and families seek compensation from companies that caused their exposure. After mesothelioma, lung cancer is the second most common type of asbestos lawsuit.
Courts have awarded millions to people with lung cancer caused by asbestos exposure. Here are some notable verdicts and settlements:
- $38 million: A New York jury awarded $38 million to a man with asbestos lung cancer and his wife. They found Burnham LLC, a boiler manufacturer, responsible for his exposure.
- $28.5 million: A New York City jury ordered three companies to pay $28.5 million to a steamfitter who developed lung cancer. He worked for decades at major jobsites, including the World Trade Center.
- $6.4 million: A Pennsylvania jury awarded $6.4 million to a carpenter and his wife. He was diagnosed with asbestos lung cancer after more than 30 years of exposure. The trial court divided the damages evenly among eight entities found responsible.
- $4.3 million: A California jury awarded $4.3 million to the family of a Navy rigger who died from lung cancer. J&H Marine Industrial & Engineering was found responsible for his asbestos exposure.
- $3.4 million: A Louisiana court upheld a verdict of $3.4 million in a family’s wrongful death lawsuit for a woman with asbestos lung cancer. Union Carbide was found liable.
- $1.36 million: An Illinois court awarded damages to the widow of a railroad worker who died of lung cancer. She received $1.36 million. Her husband faced years of asbestos exposure while employed at GM&O Railroad.
These cases show that compensation varies widely. But courts continue to hold companies responsible for asbestos exposure.
Asbestos Lung Cancer Claims on the Rise
The number of asbestos lung cancer lawsuits in the U.S. has risen in recent years. Better medical tests now help doctors confirm if asbestos exposure was a cause of lung cancer. This helps more people connect their diagnosis to past asbestos exposure.
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How to Prove Asbestos Exposure Caused Lung Cancer
Proving asbestos caused lung cancer can be difficult. One study attributed as many as 18% of lung cancer cases to occupational asbestos exposure. However, smoking cigarettes is the main cause of lung cancer.
Lung cancer also has various risk factors. These include radiation therapy and exposure to certain chemicals. Because lung cancer has several possible causes, courts need clear proof that asbestos played a major role in an individual’s diagnosis. Luckily, lawyers know the best ways to prove this.
What Medical Evidence Is Required?
Asbestos attorneys often use medical experts to show how the mineral contributed to a patient’s cancer. Key evidence includes:
- Expert testimony: Doctors who explain how asbestos exposure led to the illness
- Exposure history: Records showing when, where and how asbestos contact happened
- Lab results: Tissue samples that may show asbestos fibers or disease patterns
This information can help prove if asbestos played a key role in a patient’s illness, even when other risk factors exist.
Doctors diagnose asbestos lung cancer with a biopsy. But testing for asbestos fibers is not always part of routine exams. Patients or lawyers can request this testing during a lawsuit.
Asbestos diseases can take decades to appear. And many people are unaware of where and when exposure occurred. Asbestos lawyers can review evidence to identify possible sources.
How Asbestos Lawyers Can Help
Experienced asbestos lung cancer lawyers are well-versed in the medical and legal complexities of lung cancer lawsuits. They can:
- Build strong cases: Lawyers collect medical records, work history and company documents to prove your case.
- Take on big corporations: They handle large companies and their legal teams, so you don’t have to.
- Work with medical experts: Lawyers often bring in doctors to show that asbestos was a key factor in your cancer.
- Find all compensation avenues: They evaluate all options, including lawsuits and trust fund claims.
Asbestos lawyers can handle most of the legal process, so patients can focus on treatment and time with loved ones.
Have a Question About Asbestos Lung Cancer Lawsuits? Ask experienced mesothelioma advocate Jennifer Lucarelli Ask a QuestionWho Can File an Asbestos Lung Cancer Lawsuit?
People who develop lung cancer as a result of asbestos exposure may file lawsuits against the responsible companies. For instance, they may file against past employers or businesses that made or sold asbestos products. Family members can also file wrongful death lawsuits for deceased loved ones.
To qualify, you need:
- A confirmed lung cancer diagnosis: Medical records or lab results
- Documented asbestos exposure: Work history or other proof
- Medical causation: Expert opinion linking exposure to cancer
- Timely filing: Legal time limits
How to File an Asbestos Lung Cancer Lawsuit
A qualified asbestos law firm can guide you through the process. First, you can get a free case review from a law firm. An attorney will look at your asbestos exposure history, medical records and work history to explain your options. If you choose to move forward with a lung cancer lawsuit, here’s what to expect:
- Your legal team builds your case. Lawyers gather evidence to strengthen your claim, such as company records and expert opinions.
- They file your lawsuit. Attorneys make sure your lawsuit is filed before deadlines.
- They handle proceedings and keep you updated. Your lawyers will seek compensation through settlement or trial, if needed.
Benefits of Filing an Asbestos Lung Cancer Lawsuit
Filing an asbestos lung cancer lawsuit can provide several benefits for patients and families:
- Financial support: Compensation can help cover medical bills, lost income and future care costs.
- Accountability: Lawsuits hold companies accountable for exposing workers and consumers to asbestos.
- Family security: Wrongful death lawsuits can help families recover after losing a loved one.
- Access to multiple options: Filing a lawsuit doesn’t prevent you from also seeking asbestos trust fund compensation or other benefits.
Notable Companies Facing Asbestos Lung Cancer Lawsuits
Many asbestos lung cancer lawsuits name large corporations as defendants. Company records often show that these companies had evidence that asbestos was dangerous long before the public. Despite knowing the health dangers, some companies kept using asbestos.
Companies that have been named in asbestos lung cancer lawsuits include:
- Burnham LLC
- DAP Inc.
- Georgia-Pacific Corporation
- Hollingsworth & Vose Company
- Ingersoll Rand Company
- Metalclad Insulation Corporation
- Union Carbide Corporation
- Uniroyal Holding Inc.
These companies used asbestos in many products, like building materials and insulation. Workers in fields like construction faced heavy exposure risks. The general public may also have been exposed through consumer goods. Anyone with asbestos contact could later develop mesothelioma, lung cancer or other related diseases.
Other Types of Asbestos Lung Cancer Compensation
Asbestos lung cancer patients and their loved ones may be eligible for different types of compensation. In addition to lawsuits, you may also be eligible to file trust fund claims, veteran benefits or workers’ compensation. A lawyer can determine the best course of action based on your individual case.
An asbestos lawyer can file trust fund claims and lawsuits together. This approach may increase total compensation by holding several companies accountable.
Trust Fund Claims
Many bankrupt companies created asbestos trust funds. These claims typically resolve more quickly than lawsuits. You may qualify for multiple claims if you were exposed in different ways.
Examples of companies with asbestos trust funds include:
- Babcock & Wilcox (B&W)
- General Motors
- Halliburton Company
- J.T. Thorpe Inc.
- Johns-Manville
- NARCO / Honeywell
- National Gypsum Company
- Owens Corning
- Owens-Illinois Inc.
- W.R. Grace
To qualify, you need:
- A confirmed lung cancer diagnosis: Medical records or lab results. For lung cancer level 1 cases, some trusts require chest exams or additional reports diagnosing a bilateral underlying disease.
- Documented asbestos exposure: Evidence of work history or other proof. Some trusts require at least six months of exposure and may not recognize secondary exposure.
- Medical causation: Expert opinion linking exposure to cancer. A doctor can provide a medical statement connecting your cancer to your asbestos exposure history.
- Timely filing: Each state has filing timelines. Lawyers can explain which filing window will apply to your case.
Workers’ Compensation
Some states offer benefits for job-related exposure to asbestos. Benefits can include medical coverage and lost wage replacement. You can pursue workers’ compensation in addition to other options.
Veteran Benefits
The U.S. Department of Veterans Affairs (VA) may provide disability benefits to veterans who were exposed. You need both a diagnosis of an asbestos-related condition and proof of exposure during military service. A disability rating may also grant VA healthcare and other benefits.
Common Questions About Asbestos Lung Cancer Lawsuits
Can you get compensation for lung cancer caused by asbestos?
What is the average settlement for asbestos lung cancer?
Can I file an asbestos lawsuit without a lung cancer diagnosis?
How long do asbestos lung cancer lawsuits take?
Can I file an asbestos lawsuit if I also smoked cigarettes?
Sources
Agency for Toxic Substances and Disease Registry. ATSDR Case Studies in Environmental Medicine: Asbestos Toxicity.
Appellate Court of Illinois Fourth District. In re: the Estate of JACOB LILIENTHAL, Deceased, JANE LILIENTHAL, Individually and as Special Administratrix, Petitioner-Appellee, v. ILLINOIS CENTRAL RAILROAD COMPANY, Respondent-Appellant.
Court of Appeal of Louisiana, Fifth Circuit. PERRY v. EMPLOYERS INSURANCE OF WAUSAU.
Court of Appeals for Cuyahoga County. TURNER, APPELLEE, ET AL., v. CERTAINTEED CORPORATION ET AL.; UNION CARBIDE CORPORATION, APPELLANT.
De Matteis S, Consonni D, Lubin JH, Tucker M, Peters S, Vermeulen RC, et al. Impact of occupational carcinogens on lung cancer risk in a general population. Int J Epidemiol. 2012 Jun;41(3):711–21.
GOV.UK. Research into Malignant and Non-malignant Respiratory Disease Prescriptions.
Lawyer Monthly. How to Prove Asbestos Exposure in a Lung Cancer Compensation Claim.
LegalClarity. How Long Does It Take to Settle an Asbestos Case?
Mayo Clinic. Lung cancer.
Mealey’s. Judge Considers Whether Federal Compliance Negates $4.3M Asbestos Verdict.
STATE OF SOUTH CAROLINA, COUNTY OF SPARTANBURG, COURT OF COMMON PLEAS. CURTIS BOLTON and MELBA BOLTON, Plaintiff, v. 3 M COMPANY a/k/a MINNISOTA MINING & MANUFACTURING COMPANY, et. al., Defendants.
Supreme Court of Michigan. Brisboy v. Fibreboard Corp.
Talented Ladies Club. Asbestos trust funds vs. lawsuits: Which option is right for you?
The Supreme Court of Pennsylvania, Eastern District. Roverano. v. John Crane, Inc. (majority).
U.S. Department of Veterans Affairs. Veterans asbestos exposure.
Uguen M, Dewitte JD, Marcorelles P, Loddé B, Pougnet R, Saliou P, et al. Asbestos-related lung cancers: A retrospective clinical and pathological study. Mol Clin Oncol. 2017 Jul;7(1):135–9.
United States District Court for the Middle District of North Carolina. Walls v. Ford Motor Co.
Yotsumoto T, Sano A, Fukuda T. Clinical study of asbestos-related lung cancer diagnosed by asbestos medical examination. Cancer Rep (Hoboken). 2018 Oct;1(3):e1124.
Legal Rights for Mesothelioma Victims
For more than two decades, Jennifer Lucarelli has served as Legal Advisor at Mesothelioma.com. She has advocated for more than 1,000 asbestos victims, securing millions in settlements and helping them access quality medical care.
Kyle Navin is a Legal Advisor for Mesothelioma.com. His legal practice focuses on asbestos bankruptcy claims and helping veterans access disability benefits.