When Can You Sue For Getting Cancer?

Being diagnosed with cancer can be devastating and affect anyone at any age. Several factors, such as genetics and lifestyle, can cause it. However, cancer can also be caused by the negligence of others. In such an instance, you can sue the people responsible for causing your cancer and claim compensation for the diagnosis and any associated damages.

Determining when and who to sue for getting cancer can be a complex process. So, it’s a wise idea to hire a lawyer to get you through the process and get the compensation you deserve. The attorney can advise you on when, how, and whom to sue for getting cancer.

With that said, here’s when you can sue for getting cancer:

• Product Liability 

You can sue for getting cancer from a defective product. For example, in one hair product cancer lawsuit, a claim was made that a hair straightening product was causing uterine cancer in women. The defects in the hair product increase the risk of developing uterine cancer for whoever uses it. If you think you’re in a similar situation, you can sue the manufacturers if a certain product increases your risk of developing cancer.

However, proving your case and claiming compensation can be challenging. In such a case, you must prove the defective product caused your cancer to sue the manufacturer or retailer. You’ll have to request tests on the products to prove the defect and the relationship to cancer development. The product defect has to have caused your cancer diagnosis directly. One example is when the product has excessive amounts of lead. You’ll need to hire experts or resort to government authorities to investigate the product to prove this. This way, you have a piece of solid evidence to sue the product manufacturer.

• Medical Negligence 

Medical negligence is one of the most common reasons to sue for getting cancer. You could sue for medical malpractice if the doctors, healthcare facility, hospital, or other medical professionals failed to offer the standard of care causing your cancer diagnosis. For example, if the doctor failed to order necessary tests or misdiagnosed your case resulting in cancer progression, you can sue for medical negligence.  

To successfully sue for medical negligence, you must prove that the medical practitioner’s actions directly caused your cancer diagnosis. You must also show that you suffered damage because of the negligent actions of the medical practitioner. By doing so, you can claim compensation for treatment of progressing cancer, lost wages if you cannot work, and pain and suffering.

• Environmental Factors 

Exposure to environmental pollutants and toxins is a common risk factor for cancer. Prolonged exposure to asbestos at the workplace, radiation, and other chemicals can increase cancer risk. If you can prove your cancer was caused by exposure to a certain environmental toxin like asbestos, consider suing the company or entity responsible for the pollutants.

Suppose a company’s activities produce excessive radiation that affects the population in a specific area and results in cancer. In that case, you can sue that company for exposing you to toxins that caused the development of your cancer.

Like the previous points, you must prove your cancer was directly caused by a specific substance you were exposed to. You’ll also have to show that the exposure was from the negligence of the company or entity you’re suing. Another aspect you must consider is the entity’s knowledge of the potential risks of exposing people to the toxin or substance. Since you’ll also claim that the company or entity was negligent, expose their bad practices that contributed to the development of your cancer.

Additionally, working in a hazardous environment may expose you to substances or toxins that can increase your cancer risk. For instance, if you’re a construction worker with constant exposure to asbestos, you’ll be at risk of developing cancer. Working as a firefighter can also expose you to asbestos and other carcinogenic substances that cause cancer.  

You can sue your employer for getting cancer while working in a hazardous environment. To be successful, you must prove the cancer was caused directly by exposure to a specific chemical or substance at the workplace or in the line of duty. For example, getting cancer from asbestos exposure at a construction site.  

In such a suit, you’ll claim compensation for the medical expenses covering the diagnosis and treatment, lost wages, damages for the pain and suffering caused to you and your family, and other associated costs.  

Conclusion  Getting a cancer diagnosis because of someone else’s negligence can be traumatizing and devastating. However, you can get a little relief through compensation for the medical expenses and other related damages, such as pain and suffering. The process of suing for getting cancer can be complicated, and it’d be best to hire an experienced lawyer to handle the litigation process. An attorney can also advise on the available legal options available and the compensation to seek.

Kenneth

Kenneth is a proud native of sydney, born and raised there. However, he pursued his education abroad and studied in Australia. Kenneth has worked as a journalist for almost a decade, making valuable contributions to prominent publications such as Yahoo News and The Verge. Currently, he serves as a journalist for The Hear Up, where he focuses on covering climate and science news. You can reach Kenneth at [email protected].