Establishing liability for asbestos-related lung cancer can be challenging for a number of reasons – not the least of which being that lung cancer has numerous known causes. Mesothelioma, on the other hand, is only known to be caused by exposure to asbestos. Proving lung cancer was caused by negligent asbestos exposure – and not something else – can be a challenge for your personal injury attorneys. You need to be sure they are up to it.
A recent court opinion from the U.S. Court of Appeals for the Eleventh Circuit involved a man who worked at a major regional power and energy company for more than two decades and was later diagnosed with asbestos-related lung cancer. He died in 1997. Four years later, his wife was diagnosed with mesothelioma. Her ensuing injury lawsuit alleged she was exposed to “take-home” asbestos, via her husband’s work clothing.
Many people think of lung cancer solely as a smoker’s disease. That’s not always the case, and asbestos has been definitively shown to cause lung cancer. Still, smokers could be at higher risk of developing asbestos-related diseases, including lung cancer and mesothelioma. They are no less entitled to damages, but proving causation with thorough evidence and expert witness testimony is key. Continue reading