Lung Cancer Lawyers in Dallas
The lung cancer litigation attorneys practicing at the Duke Firm, PC understand the myriad of emotions that arise if you are given the medical diagnosis of lung cancer. One of those emotions is fear - fear for yourself and your family’s future. Although there are many factors involved in acquiring lung cancer some of them may be work related and if they are, you are entitled to receive financial compensation. If you believe your lung cancer diagnosis is a result of somebody else’s negligence or a defective product you came in contact with, our dedicated attorneys will aggressively fight for you.
What can cause lung cancer?
If you come in contact with asbestos, a mineral that is used to both manufacture insulation and to decelerate a fire, you have inhaled dust particles that settled in your lungs. This dangerous agent could be the cause of your lung cancer or a contributing factor. Although utilizing asbestos in new ways was banned in the summer of 1989 you still may have been dangerously affected by it. Often there is a substantial amount of time that passes between your exposure to asbestos and the onset of any symptoms.
Have you been exposed to asbestos?
There are several occupations that are high risk for asbestos exposure. If you have worked in any of the following capacities your lung cancer may have been the result of asbestos exposure:
- Shipbuilding
- Milling or mining asbestos minerals
- Fabricating asbestos items
- Working on insulation while building
- Removing drywall
- Firefighting
Proving Negligence
Negligence for asbestos-related injuries falls under the legal umbrella of product liability. There are three different ways to assign liability in these types of cases and they are:
- Negligence, four components need to be proved
- Defendant had a legal responsibility for his products to be safe
- Defendant didn’t live up to that responsibility
- An injury resulted from defendant’s failure to fulfill that responsibility
- Injury caused harm
- Breach of warranty
- Implied – Afford the consumer the some peace of mind that the product is safe and in good condition for what it is supposed to be used for
- Express – When statements made about the safety of a product turn out to be incorrect
- Strict liability, four components need to be proved
- Serious responsibility to provide a product that is safe
- Violation of that responsibility
- Influence – very difficult to prove due to time difference between exposure and injury
- Damages
