Doctors are responsible for diagnosing thousands of patients each day. For some patients, a diagnosis of lung disease can feel like an overwhelming burden.
The treatment for lung disease can be costly. You may also find that you are unable to participate in your day-to-day activities (like work and social engagements) as the lung disease progresses.
Filing a lawsuit in court can be a beneficial way to help access the financial resources you need to battle lung disease. Become familiar with the factors that can serve as the foundation for your case before you decide to seek legal recourse for your lung disease diagnosis.
Environmental Causes
Many lung diseases are caused by inhaling foreign particles. Chemicals, toxins, and other molecules that become airborne can be found in many different environments. If you suspect that you were exposed to a disease-inducing contaminant at work, you could have grounds to file a lawsuit.
Employers are responsible for protecting employees from harmful substances. If substances known to be harmful must be used as part of an employee's regular work routine, employers must provide adequate personal safety equipment.
An attorney can help you evaluate your lung disease to determine if your work environment is to blame for the onset of the disease.
Proving Damages
In order to make a case for compensation in court, you must be able to show a judge and jury that your lung disease has negatively affected your life.
Some forms of damages that may be claimed in a lung disease case include the cost of medical treatment, the loss of one's ability to generate an income, the loss of one's ability to participate in family or social engagements, and emotional pain and suffering.
An experienced attorney can help you determine the extent of your damages and determine how much you should ask for in your lung disease lawsuit.
Appropriate Legal Avenue
Once you and your attorney have determined that you should file a lung disease lawsuit, you will need to identify the right legal avenue for your case.
You can choose to pursue a personal injury lawsuit if your attorney feels confident you can prove your employer's negligence is directly related to your lung disease diagnosis. You could also opt to file a claim through your state's workers' compensation program.
Your attorney will evaluate the unique circumstances of your case as well as any evidence that can be uncovered to determine which legal avenue offers you the greatest chance of winning your case.
For more information, contact a company like Phillips and Paolicelli LLP.
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