Asbestos Lung Cancer Lawsuit | File A Claim in 2024

Asbestos Exposure and Lung Cancer

Asbestos is a fibrous mineral used in the past to enhance the durability and non-flammability of construction supplies, flooring, piping, and several other products and materials.

Asbestos fibers are extremely fine and can easily become airborne, which makes it easier for those in proximity to inhale particles.

When asbestos-containing materials are disturbed, they can crumble and release tiny asbestos fibers into the air.

The fine, sharp fibers can penetrate the lung tissue and embed themselves in the organ’s linings.

The fibers don’t break down or dissolve in the lung tissue.

The persistent inflammation generates reactive oxygen species (ROS) and other free radicals that can damage cellular DNA.

This damage increases the likelihood of mutations, disrupting normal cell functions and causing uncontrolled cell division, leading to lung cancer.

The Risk Is Doubled for Smokers

Smoking further increases the risk of lung cancer in individuals exposed to asbestos or asbestos-containing products.

Tobacco smoke contains carcinogens that also damage lung tissue and DNA.

Cigarette smoking impairs the lung’s ability to clear out asbestos fibers, exacerbates inflammation, and further increases the production of ROS.

This combination significantly amplifies the carcinogenic effects of asbestos exposure.

Studies have shown that the risk of developing lung cancer is much higher for smokers exposed to asbestos compared to non-smokers.

The interaction between tobacco smoke and asbestos fibers creates a particularly hazardous environment for lung cells, leading to a markedly increased incidence of lung cancer.

Different Types of Lung Cancer Caused by Asbestos

Lung cancer is primarily categorized into two main types based on the appearance of the cancer cells under a microscope.

Asbestos exposure is linked to small cell and non-small cell types of lung cancer and mesothelioma, a cancer affecting the lining of the lungs.

Small Cell Lung Cancer (SCLC)

Small cell lung cancer (SCLC) originates from neuroendocrine cells in the lung.

Small cell lung cancer is highly aggressive and tends to grow and spread quickly.

SCLC often metastasizes (spreads) to other parts of the body early in its course.

Due to its rapid growth, SCLC is typically best treated with chemotherapy and radiation therapy.

Often, chemotherapy and radiation are combined to improve outcomes.

Surgery is less common because the cancer often spreads before it is detected.

The prognosis for SCLC is generally poor due to its aggressive nature and early spread.

The five-year survival rate is low, particularly for extensive-stage disease.

Non-Small Cell Lung Cancer (NSCLC)

NSCLC, or non-small cell lung cancer, accounts for about 85% of all lung cancers and is further divided into several subtypes:

• Adenocarcinoma: This NSCLC type originates in the glandular cells of the lung, often in the outer regions of the lung.
  • Adenocarcinoma the most common type of lung cancer, evident even in non-smokers.
• Squamous Cell Carcinoma: This cancer type arises from the squamous cells lining the airways.
  • Squamous Cell Carcinoma closely associated with smoking and is usually found in the central parts of the lungs.
• Large Cell Carcinoma: This type of NSCLC can appear in any part of the lung and tends to grow and spread quickly.
  • Large Cell Carcinoma the rarest of all NSCLC types.

For early-stage NSCLC, surgery is often the preferred treatment to remove the tumor.

Radiation therapy is also used for patients who can’t undergo surgery or in combination with surgery and/or chemotherapy.

Targeted drugs and immunotherapy can be effective for certain genetic mutations or protein expressions.

The prognosis for NSCLC varies widely based on the stage at diagnosis.

Early-stage NSCLC has a better prognosis compared to advanced stages.

The overall five-year survival rate for NSCLC is higher than that for SCLC but still varies significantly by stage and subtype.

Mesothelioma

Of all the lung cancer types, mesothelioma is most strongly linked to asbestos exposure, as inhaled fibers can become lodged in the pleura of mesothelioma patients, leading to inflammation and cancer.

Mesothelioma treatment often involves a combination of surgery, chemotherapy, and radiation.

Treatment is complicated because the cancer spreads along the pleural surface rather than forming a single, localized tumor.

Mesothelioma has a poor prognosis, with a median survival time often less than a year from diagnosis due to its aggressive nature and difficulty in early detection.

The Different Types of Mesothelioma

Mesothelioma is a serious cancer primarily caused by asbestos exposure, and it manifests in different forms depending on where in the body the tumors develop.

The most common type, pleural mesothelioma, affects the lining of the lungs and is the most studied due to its prevalence.

Peritoneal mesothelioma, which targets the abdominal lining, and pericardial mesothelioma, affecting the heart’s outer lining, are less common but equally severe.

Rarest of all is testicular mesothelioma, which involves the lining surrounding the testicles.

The different types of mesothelioma include:

• Pleural Mesothelioma: Develops in the pleura, the lining of the lungs, and is characterized by symptoms like chest pain and persistent coughing.
• Peritoneal Mesothelioma: Occurs in the peritoneum, the abdominal cavity’s lining, leading to symptoms such as abdominal swelling and pain.
• Pericardial Mesothelioma: Affects the pericardium, the lining around the heart, and can cause symptoms like chest pain and breathing difficulties.
• Testicular Mesothelioma: Involves the tunica vaginalis, the lining around the testicles, and is often detected by the presence of a testicular mass or swelling.

If you have developed mesothelioma after being exposed to asbestos, you may be eligible to file a Mesothelioma Lawsuit.

Contact the Mesothelioma Lawyers at TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Mesothelioma claim instantly.

Other Forms of Lung Cancer Potentially Linked to Asbestos Exposure

Asbestos exposure may lead to a vast range of lung cancer types.

Aside from the aforementioned categories, here are some additional asbestos-related lung cancer classifications:

• Pleural Effusion-Associated Cancers: Chronic inflammation and pleural effusions (fluid build-up between the layers of tissue lining the lungs) due to asbestos can lead to secondary cancerous changes in the pleura.
• Bronchoalveolar Carcinoma: A rare form of adenocarcinoma that arises from the alveolar cells of the lungs.
  • This cancer has a varied prognosis depending on its stage and spread; treatment may include surgery, chemotherapy, and targeted therapies.

Populations at High Risk of Developing Asbestos-Related Lung Cancer

Asbestos exposure has been more common in certain occupations and industries due to the widespread use of asbestos-containing materials (ACMs) in the past.

Construction

Asbestos was used extensively in building materials such as insulation, roofing shingles, floor tiles, cement, and drywall.

Due to the disturbance of these materials, workers involved in renovations or demolitions, such as builders, roofers, plumbers, electricians, and demolition workers, are at high risk.

Shipbuilding

Due to its heat resistance and durability, asbestos was commonly used for insulation in ships.

Shipyard workers, such as shipbuilders, repair workers, and navy personnel, who are often involved in the repair and building of ships, usually work in environments with high asbestos dust levels, which increases their risks.

Manufacturing

Asbestos was popularly used to manufacture products such as automotive brakes, textiles, gaskets, and insulation materials.

Factory workers, machinists, and product manufacturers in these settings were frequently exposed to airborne asbestos fibers during the manufacturing process.

Factory Workers

Factory workers employed in high-risk industries before the implementation of stringent regulations were more frequently exposed to extreme levels of asbestos.

Older workers and retirees may develop asbestos-related diseases many years after their initial exposure due to the long latency period.

Prolonged exposure over many years increases the likelihood of developing asbestos-related diseases, making long-term workers in affected industries particularly vulnerable.

Veterans

Veterans and military personnel, especially those who served in the Navy, were frequently exposed to asbestos used in ships, vehicles, and military installations.

Asbestos exposure was also common in military construction projects.

Regulatory Changes With Asbestos Use

As mentioned earlier, asbestos was used extensively throughout the 20th century due to its fire-resistant and insulating properties.

Asbestos was incorporated into numerous products and building materials, leading to widespread occupational exposure.

Many countries began to regulate and eventually ban the use of asbestos during the 1970s.

In the United States, the Environmental Protection Agency (EPA) and OSHA implemented regulations to limit asbestos exposure in the workplace.

The health risks associated with asbestos, such as lung cancer and mesothelioma, became more widely recognized in the mid-to-late 20th century.

Due to the long latency period of asbestos-related diseases, many workers exposed in earlier decades only developed symptoms years later.

Despite stringent regulations, older buildings and infrastructure still contain asbestos.

Workers involved in renovating, demolishing, and maintaining these structures remain at risk.

The Science Behind Lung Cancer and Asbestos

Asbestos exposure has been extensively studied for its carcinogenic effects, particularly its role in various types of lung cancer.

Recent scientific studies provide robust data on incidence rates, latency periods, and the mechanisms by which asbestos causes cellular damage.

In a 2012 published study, researchers were able to emphasize the varying risks of diseases caused by asbestos according to occupational exposure.

The study also discovered that chain smokers who are working in these high-risk occupations have a 38-fold higher risk of developing lung cancer.

Separate research tried to explore the carcinogenesis of asbestos.

The researchers in the study formulated three theories about the causation of this grave condition:

1. Oxidative Stress Theory: The inflammation associated with asbestos exposure generates reactive oxygen species (ROS), which cause oxidative DNA damage. This damage leads to mutations that can initiate and promote cancer development.
2. Chromosome Tangling Theory: Recent evidence suggests that asbestos exposure can lead to epigenetic alterations, such as DNA methylation and histone modification, which can disrupt gene expression and promote oncogenesis.
3. Theory of Adsorption: This theory postulates that asbestos concentrates specific proteins and carcinogenic molecules into the lungs.

The latency period of asbestos-induced lung cancer varies widely among patients.

Latency could be influenced by the type of cancer, the level of asbestos exposure, and the duration of exposure.

The median latency period is 40 years, while the longest is 70 years, and latency periods of 15 years are observed, although rare.

Legal Recourse for Workers With Asbestos-Related Lung Cancer

Individuals diagnosed with lung cancer linked to asbestos exposure may be eligible for compensation through lawsuits or claims against manufacturers, employers, or asbestos trust funds.

Here’s what you need to know about the legal process and options available.

Consult With a Trusted Asbestos Lawyer

Look for a lawyer specializing in asbestos-related cases.

Attorneys from prominent mesothelioma law firms have the expertise needed to navigate claims and secure asbestos compensation that accurately reflects the harm suffered.

During an initial consultation, a lawyer will review your medical history, work history, and asbestos exposure to assess the strength of your case.

It’s crucial to be honest with your attorney so they can build a case that reflects your situation.

Proving Exposure and Causation

After finding and hiring an Asbestos or Mesothelioma Attorney, they’ll start building the foundation of your case.

Your lawyer will gather the necessary evidence to strengthen your case:

• Medical Records: Provide detailed medical records documenting your diagnosis of lung cancer.
• Work History: Compile a comprehensive work history that outlines jobs where you may have been exposed to asbestos.
• Witness Testimonies: Collect testimonies from co-workers, employers, and other witnesses who can attest to the presence of asbestos in your workplace.

Your Asbestos Attorneys may call upon medical experts to testify about the link between exposure and your lung cancer.

Your Asbestos Attorney may also engage industrial hygiene experts to analyze your work environment and provide evidence of asbestos presence and exposure levels.

Identify Alternative Recovery Options

While building your case, your lawyer may also turn to alternative resources to recover mesothelioma compensation.

Alternative sources for mesothelioma settlements and compensation may include:

• Asbestos Trust Funds: Numerous asbestos manufacturers and bankrupt asbestos companies established Asbestos Trust Funds to compensate potential victims.
• Workers’ Compensation: You may be eligible for workers’ compensation benefits. However, these benefits may be limited compared to other legal options.
• Veterans’ Benefits: If you are a veteran, you may be entitled to benefits from the Department of Veterans Affairs (VA) for asbestos-related illnesses.

Initiate the Lawsuit

The next step is to file a mesothelioma lawsuit.

Compared to other types of personal injury lawsuits, mesothelioma lawsuits can be lengthy and complicated due to the scarcity of evidence and defendants involved.

Relatives or family members of a deceased loved one may also be able to file a wrongful death lawsuit if their loved one’s death is related to asbestos exposure.

Wrongful death lawsuits of this nature may encounter similar complexities to other mesothelioma personal injury lawsuits.

Accept Settlement or Proceed to Trial

Often, defendants may offer a settlement to avoid going to trial.

Your lawyer will negotiate to achieve the best possible outcome for you.

Carefully evaluate any settlement offers with your lawyer to determine if they adequately compensate for your medical expenses, lost income, and suffering.

Your case will proceed to trial if a satisfactory settlement isn’t reached.

Your lawyer will present your case before a judge or jury to secure a favorable verdict.

The Importance of Hiring an Experienced Asbestos Lawyer

Asbestos cases involve intricate legal details that an Asbestos Attorney understands thoroughly.

Lawyers know the specific statutes of limitations, filing procedures, and the historical context of asbestos litigation and can guide you through the process.

Here’s how an experienced mesothelioma lawyer can help you:

• Document Handling: They handle all necessary paperwork, including filing claims, submitting evidence, and meeting court deadlines, which is critical for the smooth progression of the case.
• Detailed Investigation: Asbestos lawyers conduct thorough investigations to gather evidence of exposure, including medical records, employment history, and testimonies from colleagues and experts.
• Strategic Presentation: Lawyers skilled in asbestos litigation know how to present evidence, clearly demonstrating the causal link between exposure and illness.
• Skilled Negotiators: Asbestos lawyers are adept at negotiating with defendants’ legal teams and insurance companies to secure the highest possible compensation for their clients.

TorHoerman Law: Talk to Our Mesothelioma Lawyers Today

The Asbestos and Mesothelioma Lawyers at TorHoerman Law have extensive experience dealing with mesothelioma lawsuits and asbestos-related cases.

If you or a loved one were exposed to asbestos and subsequently developed lung cancer or other asbestos-related diseases, you may be eligible to file an Asbestos Lung Cancer Lawsuit.

Contact us today for a free consultation.

You can also use our chatbot for a free and instant case evaluation.