In recent years, the number of cancer cases has skyrocketed due to workers’ increased exposure to harmful compounds. A lot of people were diagnosed with cancer after being exposed to materials that contained a large percentage of asbestos. As a result, multiple individuals were diagnosed with mesothelioma or ovarian cancer. If you’re one of those unlucky people, you’d probably want to focus on your treatment rather than seeking your legal rights. However, action must be taken to break that vicious cycle and stop more people from falling victim to cancer due to dangerous exposure. If you want to file a cancer lawsuit against a business that produces harmful products, here is what you’ll need to do.
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Prove That You Were Exposed to Cancerous Materials
The first thing you’ll need to do to file a successful cancer lawsuit is to prove that you were exposed to cancerous substances. Whether it was a talcum powder-based product, a product that contained a large amount of asbestos, or other materials that are suspected of causing cancer, you must have proof that you were exposed to this material. This will usually require a bit of work, as you will need a pathology report, a biopsy, and medical records to prove you’ve been diagnosed with cancer. But since you’ll be mainly focused on treating your cancer, you can hire a lawyer to do this for you. A lawyer will collect fail-proof evidence of your use of cancerous materials and explain in detail how that instigated your cancer.
A cancer diagnosis is a crucial part of that process as well. Your diagnosis will support your claim of being exposed to cancerous materials, and it will affect the amount of compensation you’ll receive at the end of the case. The legal advisors over at Hardison & Cochran recommend that you hire an experienced lawyer for that step. A lawyer who’s particularly experienced in cancer cases will know the steps to take in order to retrieve social security records, employment information, and medical records. They will also be able to talk to your doctor and record their statements, which will detail the type of cancer you have and its severity. In addition to that, the statute of limitations enforces different deadlines for cancer cases depending on where you live, as it can run from one to four years of the date of diagnosis. Your lawyer will take this into account as well when preparing evidence for court.
Personal Injury Claim
When it comes to the type of claim you can file, you’ll have several options. The most popular way to go about this is by filing a personal injury claim. With the help of your lawyer, you’ll be able to receive adequate damages for medical costs (which can be anywhere from a couple of thousands to thousands of dollars), pain, suffering, and mental anguish, all of which are a result of chemotherapy. You’ll also receive compensation for your loss of consortium if you have experienced a change in your relationship with your loved one.
Asbestos Trust Fund Claim
In some cases, companies that produce asbestos-based products file for bankruptcy mostly to stabilize their finances and not because they’re actually out of money. Courts, in these cases, have ordered trust funds for the people who have suffered because of their products. If you have mesothelioma-related cancer, you will have the right to demand mesothelioma compensation. Trust funds are a great method to get compensated for your pain and suffering with as little legal processes as possible. Depending on the company’s finances, your lawyer will be able to tell you whether or not the company responsible for your mesothelioma has already set up trust funds.
Worker’s Compensation Claim
A worker’s compensation claim is one way you can get compensated as well. Although the laws for this type of claim change depending on your state, you’ll still have a decent shot at getting compensated in a short amount of time. If you were just diagnosed with mesothelioma or cancer, you might be able to file a worker’s compensation claim and pay for your medical bills, pain, and suffering in no time. However, make sure that you are eligible for compensation first before filing. You can do this by checking in with the board for worker’s compensation in your state. If not, your lawyer will recommend either filing for a personal injury claim or a traditional lawsuit.
Knowing the right steps and hiring proper legal help should help you avoid any stressful situations. Cancer is a hard thing to get through, and should, therefore, be carefully treated in order for you to fully recover. Having someone take the legal reins for you will save you a world of stress and ensure that you get fairly compensated.