The moment a doctor tells you that they can attribute your case of lung cancer to the actions of someone else may feel shocking. If you're ready to hire a lung cancer lawyer and pursue a claim, it's helpful to learn what the steps will be to seek compensation. Let's look at four things a client and lung cancer attorney will have to do before filing a claim.
Determining the Type of Case
One of the first issues a claimant has to sort out is what kind of case they have. The high number of potential sources of lung cancer means that these cases may end up involving product liability, chemical exposure, or even workplace injuries.
Although they're all fundamentally injury claims, the type of case will determine many things that follow. For example, a product liability or exposure claim is likely to be a strict liability case where the main concern is drawing a line between the chemical and the injuries a claimant suffered. On the other hand, a workplace injury claim will usually involve negligence, and the main concern will be drawing a connection between a company's decisions and what happened.
Choosing a Jurisdiction
Defendants in lung cancer cases don't always operate in the same states where injuries occurred. Likewise, exposure to chemicals sometimes involves agreements, such as work contracts, that may have venue clauses. You can't file a claim until you determine which state you should file it in.
Studying the Statute of Limitations
In most states, claims involving cancer-causing chemicals are not subject to the fairly short statutory limits that most injury cases are. A claimant usually has to file an injury case within two to three years of an incident. It's normal, though, for a state to either have a longer clock for exposure claims or to not start the clock until the victim learns they have become ill because of exposure.
However, you should talk with a lung cancer lawyer to learn what the applicable laws are for your case. Although you'll likely have some time to get the case rolling, it's best to consult with an attorney early in case there's something different about your claim and it's subject to a shorter limit.
Ultimately, your lung cancer attorney will send a demand package to the defendant. Before that point, you'll have to document what your medical condition is. Similarly, you'll need to include expert reports that show how your medical condition ties to the defendant's activities, services, or products. These details will become the core of your demands.
To learn more, contact a lung cancer attorney.