Asbestos is a naturally occurring mineral that was widely used for decades in many workplaces. Unfortunately, when asbestos fibers are inhaled, they can become trapped in the lungs and cause serious diseases like lung cancer and mesothelioma decades later.
Evidence has shown that many companies knew about the dangers of asbestos but failed to adequately warn workers and consumers. Billions of dollars have been awarded from asbestos lawsuits filed against companies that manufactured, sold, or used asbestos-containing products.
Ricky LeBlanc, a lung cancer lawsuit attorney at Sokolove Law, explains how asbestos exposure can lead to lung cancer, who may be eligible to file a claim, and how affected families can pursue justice and compensation.
Q. Why can you take legal action after a lung cancer diagnosis?
A. Someone with a diagnosis of lung cancer can bring a claim if that lung cancer was based on their exposure to asbestos. Traditionally, that exposure would occur in the workplace while they were working with products that contained asbestos.
The claims are generally not brought against your employer but against the companies that supplied the asbestos-containing products that were used while you were working. And the reason why you're able to bring these lawsuits is because the manufacturers of those products you're using, they knew they contained asbestos.
More importantly, they knew that asbestos could contribute to your lung cancer, and they did nothing about warning you or preventing asbestos from being in their product.
Q. How can someone tell if their lung cancer was caused by asbestos exposure?
A. Generally speaking, the difficult part of a case is determining the cause of the asbestos exposure. We have years of research and file drawers full of evidence that will show us which products contained asbestos. Then, it's a matter of just figuring out which one of those products you were exposed to. It could be one. It could be 85 or 100. It could be any number.
Once we figure that out, then we have to look to say, "What disease do you have?" A person with lung cancer could have many contributing causes, but the question is, "Did asbestos contribute?"
And so, once we know you've had exposure to an asbestos product, then we will rely on our medical experts to review medical testing such as X-rays to determine whether or not there's any evidence of asbestos fibers in your lungs or other bodily tissue.
If those fibers exist or you have a disease also known to be caused by asbestos, such as bilateral pleural plaques, then it leans more favorably towards a diagnosis of lung cancer caused by asbestos exposure.
It need not be the only cause, but if it is a cause, you may be able to pursue a claim.
Q. How do you prove asbestos exposure from decades ago?
A. Over the past four-plus decades of Sokolove Law being involved in asbestos litigation, we have collected a great deal of information regarding a person's exposure to asbestos and the products that they may have been exposed to.
There is a warehouse of this evidence. When you explain what you did for work, we look at it and ask you about products. You'll tell us the names of products, and we can tell you whether they had asbestos in them or not.
And then we'll have documents beyond whether they have asbestos, but even documents that tell us that the companies knew it contained asbestos and that these responsible companies hid that from you or at least the danger of asbestos to you.
Q. What is lung cancer from secondhand asbestos exposure?
A. It's not uncommon for some people to be exposed to asbestos in what we would call a secondhand nature, meaning they didn't directly work with a product that contained asbestos. Instead, their loved one worked with that product, and when they came home, it was on their clothes.
And then you or the person with lung cancer would clean those clothes, shake them out, and inhale the asbestos fibers that were on them, even though they themselves, the injured party with lung cancer, never worked directly with asbestos.
They worked with their husband's asbestos, or their son's asbestos, or their daughter's asbestos, meaning what they brought home with them, they work with. That's called secondhand exposure.
Q. Are you able to file a lung cancer lawsuit if you have a history of smoking?
A. Many people come to Sokolove Law with a diagnosis of lung cancer that they believe was caused by their exposure to asbestos, but feel like they can't make a lung cancer claim because they were also a smoker. Smoking can cause lung cancer, so can exposure to asbestos.
The two agents, tobacco smoke and asbestos, actually operate with a synergistic effect. Your likelihood of developing cancer from just being a smoker or your likelihood of developing lung cancer because you're exposed to asbestos is actually multiplied by one another. So it significantly increases your risk.
While the asbestos may have contributed to your lung cancer, your exposure to asbestos may also be a substantial cause of your disease.
Q. Can families file a lung cancer claim if their loved one has already passed away?
A. Often, I unfortunately have to speak with folks who've already lost their loved one to lung cancer. The fact that your loved one has passed doesn't mean that justice has also passed. The family or heirs under a will have the right to continue the claim, what we call a wrongful death action.
So, in most circumstances, you continue the claim just as though your loved one was still alive, and the trust funds or courts will award money just as if they were making the claim themselves.
And then that money is distributed based upon a will or upon what's called an intestate statute in each state, but you certainly still have a right to make the claim, even if your loved one has passed.
Q. How much can families expect from a lung cancer lawsuit?
A. The value of lung cancer claims varies greatly. We've had many clients who've received over $1 Million for an asbestos claim, while others may have a smaller percentage of that. That's because facts are different in every single case.
While I can tell you that we've secured multiple million-dollar judgments or settlements for our lung cancer clients, it doesn't mean that's what every person receives, but it is possible.
Most of our lung cancer clients would probably fall in a number smaller than that, but still a substantial amount of money.
Q. What if the company responsible for exposure has gone out of business or declared bankruptcy?
A. Over the past 45 years that Sokolove Law has been involved in asbestos litigation, many of the companies that we made claims against have filed for bankruptcy as a result of those claims.
Fortunately, in many instances, those companies were required by the bankruptcy court to establish trust funds to benefit anyone who develops an asbestos-related disease after the company went bankrupt.
So some $30 Billion in total has been set aside and is available for people with lung cancer. And while the company can't afford to pay every person every dollar that they're owed, that's why they went into bankruptcy, they have at least put some money away, so they can pay a percentage of that.
Many of our clients qualify for more than one of these trusts. And when you add them all together, it can come to a substantial settlement for our clients.
Q. How long does it take to get compensation from a lung cancer claim?
A. To receive compensation for a lung cancer claim, the first step is to contact an attorney. Once that occurs, the attorneys for lung cancer here at Sokolove Law can fairly quickly put together your claim and determine who your defendants are. Once that happens, they can file claims with various asbestos bankruptcy trusts or in a court if that's feasible.
When you file with a trust, trusts generally take between 6 to 8 months on average for an initial payment. But keep in mind, many trusts take much longer, and so it could be you get some money in 3, 5, 6, 8 months, and you get other money in 9 months to a year, and maybe even some other money in 12, 13, 14 months.
It's just the nature of the way the trust can pay, partly because they can only pay out so much money every year, so that they make sure there's enough money for everyone.
Q. What is the statute of limitations for these claims?
A. Nearly all claims, whether they be asbestos claims or any other type of legal claim, has what we call a statute of limitations. That is, each state has determined how long you have to pursue your claim before you forever lose those rights.
Some states, it's as short as 1 year. In other states, it's as long as 6 years. There's even a state where it doesn't even begin to run until someone tells you that your exposure to asbestos resulted in your disease.
So there's no way for me to tell you how long you have to make a claim, but it's best to talk to an experienced asbestos attorney, like the folks at Sokolove Law, so that they can determine whether you're still within the statute. Whatever you do, don't wait.
And even worse than that, don't do nothing. You should do something, and it's never too late to ask a lawyer if you have a claim. They can determine whether it's too late for you to file.
Q. Is it difficult to file a lung cancer lawsuit, and how much work will patients or their families have to do?
A. Well, a lung cancer lawsuit is difficult for the lawyers. We put our clients first because our clients' well-being is the most important thing to us. We try to limit any strenuous activity with regard to the client, which means we don't make you travel to us or travel anywhere for that matter.
You may be traveling for your treatment, which we hope that you do to go to the best place you can. But when it comes to the lawsuit, we do the heavy lifting.
You're really there as a historian to explain to us what happened and to tell us what you remember. The rest of it is up to us to put together the pieces and file the claims.
Let Our Attorneys for Lung Cancer Fight for You
At Sokolove Law, our lung cancer lawsuit attorneys help patients diagnosed with asbestos-related lung cancer and their families seek the compensation they deserve.
For more than 45 years, we've held asbestos companies accountable and helped clients pursue compensation through lawsuits and asbestos trust funds.
Find out why families choose our lung cancer lawyers:
- No upfront costs or hourly fees
- 45+ years of experience
- Over $5.9 Billion total recovered for clients with asbestos-related diseases
We're available 24/7 to answer your questions and explain your legal options. Let us put our experience to work for you and your family.
Call (800) 647-3434 now or fill out our contact form to get started with a free case review.
