Cancer can be a devastating diagnosis, not only for the individual but also for their families and loved ones. Unfortunately, this is an event that many of us will go through at some point in our lives.
According to the National Cancer Institute, roughly two million people in the United States will be diagnosed by the end of 2024 alone. While many of these diagnoses are unavoidable, some are caused by negligence on the part of employers and brands.
If your cancer diagnosis (or that of your loved one) came as the result of someone else’s mistake, you have legal options to pursue justice and seek compensation.
At Midwest Injury Lawyers, we have helped countless Chicago-area residents obtain cancer lawsuit settlements. The question is, how do you know if you have a cancer lawsuit on your hands ー and what types of damages are available?
Let’s discuss.
When Do Cancer Lawsuits Occur?
Sometimes, cancer is an unavoidable tragedy ー but not always.
Cancer lawsuits exist to hold individuals, companies, or organizations accountable for negligence or wrongful conduct that leads to cancer diagnoses. Legal action allows victims to seek compensation for their medical expenses and other damages, providing a pathway to justice and accountability.
In most cases, cancer lawsuits arise from circumstances such as…
Toxic Exposure
Exposure to toxic materials is a significant cause of cancer lawsuits, often occurring when individuals are exposed to harmful substances in their environment, workplace, or through consumer products.
In fact, the CDC estimates that 2-8% of cancers worldwide are caused by exposure to carcinogens specifically in the workplace.
For instance, exposure to materials such as asbestos, benzene, or certain pesticides has been linked to various types of cancer. These lawsuits typically involve claims against employers, manufacturers, or property owners who failed to ensure safe conditions or warn individuals about certain dangers.
In the state of Illinois, workers and residents may seek legal recourse for their suffering, particularly if they can establish a direct link between the toxic exposure and their cancer diagnosis.
Medical Malpractice
Cancer medical malpractice suits arise when healthcare providers fail to meet the standard of care expected in diagnosing or treating cancer. This can include scenarios where a physician misdiagnoses cancer, delays treatment, or provides inappropriate medical care, resulting in worsened health outcomes for the patient.
For example, if a doctor overlooks critical symptoms or fails to order necessary tests, leading to a delayed diagnosis, the patient may suffer more aggressive cancer progression or reduced chances of survival.
Defective Products
Defective products, particularly those linked to cancer-causing agents, can lead to significant legal claims against manufacturers and distributors.
Common examples include tobacco products that fail to adequately warn consumers about the associated cancer risk, as well as certain medications that have been found to cause cancer without proper disclosure.
For instance, you may remember seeing references to Zantac cancer lawsuits in the news around 2019 and 2020. This is because the heartburn medication ranitidine, sold under the brand name Zantac, was found to contain high levels of a chemical called N-nitrosodimethylamine (NDMA), a known carcinogen.
As a result, tens of thousands of Zantac lawsuits have been filed, claiming that the brand’s negligence in failing to adequately warn consumers about the potential risks has led to serious health consequences, such as stomach cancer, lung cancer, breast cancer, colon cancer, and pancreatic cancer (among others).
Ongoing litigation seeks to hold Zantac manufacturers accountable for the dangers posed by their products and to secure compensation for those affected.
If you believe your cancer diagnosis was caused by someone else’s negligence, consult with a knowledgeable attorney. They will help you understand your legal options and the potential damages you can claim.
The Most Common Types of Occupational Cancers
As we mentioned, cancer lawsuits can involve medical malpractice and brand negligence, but we most commonly take on workplace-related cancer cases.
In various industries, workers may encounter carcinogens that significantly increase their risk of developing cancer over time. Some of the most common types of occupational cancers include:
Lung Cancer
The American Cancer Society estimates that over 234,000 new lung cancer cases are diagnosed yearly. Often associated with exposure to asbestos, coal dust, and other toxic substances, lung cancer is one of the leading occupational cancers.
Workers in industries such as construction, mining, and manufacturing are particularly at risk. If you work in one of these fields and have been diagnosed recently, reach out to learn more about lung cancer settlements in your area.
Mesothelioma
This aggressive form of cancer is primarily linked to asbestos exposure and is commonly seen in individuals who worked in shipyards, construction, and other industries where asbestos was prevalent.
Although asbestos is no longer used in most projects, the Mesothelioma Center reports that roughly 3,000 people in the U.S. are diagnosed with the disease each year.
Because mesothelioma has a long latency period, symptoms may not appear until decades after exposure. This explains why most people are not diagnosed until they are between 51 and 67 years old.
If you have been diagnosed with mesothelioma after asbestos exposure, contact an experienced asbestos lawyer to assess your options for compensation.
Skin Cancer
Occupational exposure to ultraviolet (UV) radiation from sunlight or artificial sources can lead to skin cancer in many workplace environments. Workers in outdoor occupations, such as agriculture, construction, and landscaping, are particularly vulnerable.
According to the World Health Organization, skin cancer deaths attributable to occupational exposure to sunlight almost doubled between 2000 and 2019.
Everyone deserves a healthy working environment, and that includes realistic and accessible ways to reduce the risk of UV exposure while on the job. If you were subjected to unfair and unprotected exposure, then diagnosed with skin cancer, you may have a lawsuit to file.
Bladder Cancer
This type of cancer is often associated with exposure to certain chemicals, including aniline dyes and benzidine, commonly found in industries such as rubber manufacturing and dye production.
The American Cancer Society lists painters, machinists, printers, fighter fighters, and hairdressers as especially vulnerable to workplace bladder cancer risks. You may also be at a heightened risk of occupational exposure if you are exposed to cigarette smoke frequently at your job.
Prostate Cancer
Prostate cancer is the second-leading cause of cancer death in American men, second only to lung cancer. The American Cancer Society estimates that we’ll see nearly 300,000 new cases in 2024 alone.
Some studies suggest a link between certain occupations, particularly in agriculture and firefighting, and an increased risk of receiving a prostate cancer diagnosis, likely due to exposure to harmful chemicals and substances.
More specifically, a 2019 meta-analysis study found there is a significantly increased risk for prostate cancer among workers exposed to organochlorine pesticides (OCPs), which were heavily used in agriculture settings from the 1940s to the 1960s.
Understanding the risks associated with these occupational cancers is crucial for workers and employers alike. Proper safety protocols, regular health screenings, and awareness of potential hazards can help mitigate these risks and provide a safer work environment.
If your cancer diagnosis (or your loved one’s) can be linked to occupational exposure, you may be entitled to seek compensation through a lawsuit.
Types of Damages Available in Cancer Lawsuit Settlements
In Illinois, cancer lawsuit settlements typically encompass several types of damages, aimed at compensating victims for the myriad effects that a cancer diagnosis can have on their lives.
The primary categories of damages available include…
1. Economic Damages
Economic damages refer to the tangible financial losses a victim incurs as a result of their cancer diagnosis. These can be quantified and calculated.
For example, your economic damages in a cancer lawsuit may include…
Medical Expenses
You may be entitled to compensation for past and future medical bills, including treatment costs, hospital stays, surgeries, and medications. In Illinois, these costs can be substantial, especially if specialized treatments or long-term care are required.
For example, in an asbestos lung cancer settlement, victims may seek repayment for their mesothelioma treatment, which averages around $11,000 to $12,000 per month. If chemotherapy is required, their reimbursement for medical expenses can climb even higher.
Lost Wages
If cancer treatment prevents the victim from working, they may be entitled to recover lost income. This includes not only current earnings but also potential future earnings if the individual cannot return to work in the same capacity.
Loss of Earning Capacity
For those whose ability to work has been permanently affected, damages may be awarded to account for reduced earning potential over time.
Considering that half of all working cancer patients lose their jobs after receiving a cancer diagnosis, and only up to 40% of them are reemployed, this is a common type of damage pursued in cancer lawsuits.
2. Non-Economic Damages
Not all damages are something you can touch or easily quantity. Non-economic damages compensate for the emotional and psychological toll of a cancer diagnosis, which may include…
Pain and Suffering
Pain and suffering damages acknowledge the intense distress that can accompany cancer diagnoses and treatments, such as chemotherapy, radiation, and surgery, which often result in debilitating side effects.
Additionally, the psychological burden of living with cancer—such as anxiety, fear of recurrence, and the grief of facing mortality—can be profound. Courts recognize that these experiences significantly diminish the quality of life for the patient, and thus, compensation for pain and suffering is an essential component of cancer lawsuits.
Loss of Consortium
Loss of consortium pertains to the negative impact a cancer diagnosis has on a victim’s relationships with their spouse or partner. This non-economic damage acknowledges that the emotional and physical strain of cancer can hinder the intimate and supportive aspects of a marital relationship.
For example, a partner may experience a loss of companionship, affection, and the shared activities that once defined their relationship. The emotional distress felt by both the cancer patient and their spouse can be substantial, leading to feelings of isolation and grief.
Compensation for loss of consortium seeks to address these profound changes and help restore some sense of normalcy in the relationship.
Emotional Distress
These damages compensate for the psychological impact of a cancer diagnosis, including the anxiety, depression, and mental anguish that often accompany such a life-altering event.
A cancer diagnosis can bring a wave of overwhelming emotions, including fear of the unknown, concerns about treatment outcomes, and worries about the financial burden of medical expenses. Patients may also grapple with feelings of helplessness and a loss of control over their lives, which can lead to long-term emotional challenges.
Compensation for emotional distress recognizes that these feelings can significantly impact a person’s overall well-being, quality of life, and ability to function in daily activities.
3. Punitive Damages
In certain cases, punitive damages may be awarded to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. These are not commonly granted in cancer lawsuits but may apply if the defendant’s actions were grossly negligent or malicious.
The Importance of Legal Representation in Cancer Lawsuits
Regardless of your specific circumstances, navigating a lawsuit can be overwhelming, especially when dealing with the emotional and physical challenges of a cancer diagnosis in your family.
A skilled attorney familiar with your state’s law will help you assess the specific damages available in your case, gather evidence, and negotiate effectively with insurance companies or other parties involved.
You’re not alone in this. If you’ve received a cancer diagnosis as a result of someone else’s negligence or misconduct, you have rights and legal avenues to take.
In Summary
As discussed, cancer settlements can encompass a range of economic and non-economic damages, reflecting the full extent of the impact on the victim’s life.
Partner with a compassionate and knowledgeable attorney to navigate the legal process with confidence and focus on what matters most: your health and recovery, as well as the security of your loved ones.
Share Your Cancer Story with Midwest Injury Lawyers
Whether you were subjected to asbestos exposure at work or an increased cancer risk by a brand’s medication, we’re here to support your claim. Reach out to our team of Chicago-based attorneys. Midwest Injury Lawyers will review your case and help you understand all of your legal options.
Your journey toward justice begins with a simple (and free) conversation. Let’s talk.