Asbestos Lung Cancer Lawsuits

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Exposure to asbestos can lead to lung cancer.  There are two different types of asbestosis lung cancer attributable to asbestos: small cell lung cancer and non-small cell lung cancer. In addition, pleural effusion, which is the presence of fluid in the pleural cavity surrounding the lungs, can be caused by asbestos exposure; this pleural effusion can cause inflammation which later develops into asbestos lung cancer or asbestos carcinoma. 

Asbestosis Exposure that Cause Lung Cancer

Exposure to asbestos can arise in various ways.  Frequently, the exposure occurs through an individual’s job.  Many types of industries carry this risk, including the following:

  • mining industry
  • construction industry
  • ship yard work
  • industrial work involving coal products
  • work involving organic chemicals including chloromethyl ether
  • work involving arsenic
  • automobile manufacturing

Laws Relating to Asbestos

Every state has different laws relating to asbestos and lung cancer.  Initially, many states have laws pertaining to the removal of asbestos from buildings.  These laws usually indicate who can remove asbestos from buildings, public notice provisions and how the removal may be completed.  In addition, at the federal level, there are national emission standards for hazardous air pollutants, which include asbestos.  Moreover, other federal laws pertaining to asbestos include the Asbestos Hazard Emergency Response Act, the Toxic Substance Control Act and the Occupational Safety Workplace and Hazard Act.

Filing a Lawsuit for Lung Cancer

When filing a lawsuit based upon lung cancer caused by asbestos exposure, a key factor to keep in mind is the statute of limitations.  A statute of limitations is the time frame in which one’s ability to file a lawsuit begins to run.  The time period in which to file is limited, so it is important to stay within this time frame.  Generally, this time period begins from the date of the lung cancer prognosis.  Consequently, retaining an experienced asbestos litigation attorney is essential to ensure that your case is filed on a timely basis.  In addition, an attorney can provide effective representation, negotiate any settlement offers and obtain the most favorable result.