The facts about lung cancer are grim. It is the leading cause of cancer deaths in the world, with about 1 in 19 people being diagnosed in their lifetime. Of those cases, 80-90% can be attributed to smoking, but, sadly, that is not the only cause. In fact, you can develop lung cancer if you’ve never smoked.
You can also develop lung cancer if you’ve been exposed to asbestos and develop mesothelioma. That is when you might be able to get support for compensation.
Medical researchers have documented the synergistic effect of asbestos and tobacco.
What they discovered is that when those two factors are present, they create a far bigger risk for developing lung cancer. That is why you shouldn’t give up your right to fair compensation due to asbestos exposure that was the fault of a company or property owner.
Frost Law Firm, PC has years of dedicated experience as a California mesothelioma attorney who has helped many workers who were exposed to asbestos seek a remedy. Part of pursuing those claims is providing a complete medical history of the impacted individual.
Just because someone has a history of smoking does not automatically preclude them from seeking a claim.
Lung Cancer Claims for Former and Current Smokers
Smoking should not prevent you from filing a negligence claim against any entity that can be held responsible for asbestos exposure. The issue is not whether smoking contributed to the lung cancer diagnosis, but whether that other party’s negligence was a contributing factor.
When exposure to hazardous materials leads to the development of lung cancer, it’s referred to as occupational lung cancer. You could have been exposed to asbestos fibers, silica dust, industrial solvents, chromium and nickel compounds, or diesel exhaust at one of the following work environments:
- Shipyards
- Construction
- Oil refineries
- Manufacturing plants
- Power stations
- Military facilities
California law allows for pure comparative fault in personal injury cases. That means you can seek compensation for an injury even if you are partially to blame.
The Role of Asbestos Exposure in Lung Cancer Cases
According to the World Health Organization (WHO), over 200,000 people die each year from occupational exposure to asbestos.
Asbestos is a naturally occurring mineral that was once widely used in construction, insulation, and the manufacture of automotive products until it was discovered to be toxic. Unfortunately, by then, it has seeped into the very fabric of homes and workplaces.
Asbestos can lead to the development of lung cancer in the following ways:
Fiber Inhalation
When inhaled, tiny asbestos fibers can get trapped deep in the lungs.
Cellular Irritation and Damage
Once in the lungs, asbestos fibers irritate, kill, and cause inflammation and scarring or fibrosis in lung cells. That can lead to changes in a person’s DNA that manifest as cancer.
Gene Mutations
Asbestos exposure can alter genes and prevent cell division, which promotes tumor growth.
Chronic Inflammation
The ongoing irritation triggers pathways that encourage cell proliferation, contributing to cancer development.
Proving Liability When Multiple Risk Factors Exist
When you file a lawsuit to recover damages from asbestos exposure, the defense attorneys will do everything they can to reduce the liability to their client. That can mean putting a plaintiff’s smoking history front and center. A skillful attorney can counter that argument by reinforcing the notion that legal causation does not rely on a single cause.
A mesothelioma diagnosis is most certainly tied to asbestos exposure. In fact, it is the one type of cancer that can be directly linked to a particular cause. The challenge then becomes establishing the link between the plaintiff and the exposure.
To make that happen, your attorney will do the following:
- Review detailed employment history
- Secure coworker affidavits
- Obtain pathology reports
- Consult with oncologists and occupational medicine experts
It is also important to understand how the statute of limitations can impact your claim.
In California, you only have one year to file a claim. That time starts on the date you were diagnosed with the disease. Even though the exposure could have happened decades earlier, it is the diagnosis that starts the deadline watch. If you fail to file within that deadline, you may not be able to seek any compensation.
How Frost Law Firm, PC Supports Your Legal Journey
Pursuing a toxic exposure personal injury claim is not without its challenges. Defense attorneys will deploy any available tactic to delay or deny a settlement. Fortunately, Frost Law Firm, PC has dealt with many of these defense teams and knows what to expect.
We have a dedicated network of medical experts that we call on to provide detailed information analysis of a person’s history and the disease itself. Our mission is to find a quick resolution that will help remove the financial strain from our clients and their families.
There have been many successful settlements that draw funds from established asbestos escrow accounts set up by court orders. We can help identify which fund may apply to your situation, so you can get the remedy you deserve. Call our offices to set up a consultation today.
Don’t let a history of smoking prevent you from getting what you’re entitled to.
