Diseases Cancer

What Is a Cancer Lawsuit?

Introduction

Exposure to different natural and man-made substances in the environment is responsible for at least two-thirds of all cancer cases in the United States. Cigarette smoking, excessive alcohol consumption, poor diet, lack of exercise, excessive sunlight exposure and sexual behavior are examples of environmental factors depending on the lifestyle of an individual. Other factors include exposure to certain drugs, hormones, radiation, viruses, bacteria and environmental chemicals that are sometimes present in the air, water, food and workplace.

History

Various environmental exposures are associated with specific kinds of cancer. For example, exposure to asbestos is the cause of acquiring lung cancer. Another is exposure to Benzedrine, a chemical found in certain dyes, is one of the causes of bladder cancer. Also, cancers of the lung, bladder, mouth, colon, kidney, throat, voice box, oesophagus, lip, stomach, cervix, liver and pancreas are due to smoking.

One can file a cancer lawsuit against a company or basically the cause of the acquired cancer. One can’t easily just file a cancer lawsuit, like in any other cases; there must be legal evidences that they are caused by them.

Features

Preparation for a Cancer Lawsuit

This is the first action the complainant must do after deciding to put the blame of acquiring the cancer onto the company. This involves the acquisition of documents which will be your “weapon” in the trial. If feasible, a law firm will assign an attorney. The complainant now will sign different papers, agreement between the complainant and the law firm.

Filing of the Legal Documents

This is the primary official step in a cancer lawsuit. This is the submission of the complaint to a jurisdiction, which therefore, will inform the party being complained about. The documents in the complaint must include all the intentions like financial and medical compensation and support for the damage done. The defending party must then respond in a certain period to the complaint.

Time for Discovery

This is the period between the filing of lawsuit and the trial or final settlement. This involves the filing of motions, taking of depositions and gathering the very important information that will be used for trial such as medical records, etc. During the duration of this, the defending party may ask questions back at the complainant with the help of the attorney. The complainant (with his lawyer), of course, will have a turn to ask them questions concerning the cancer lawsuit.

 

Tips and comments

Trial Time

In most instances, these cancer lawsuits are settled outside of court, but some do find their way up to a trial and the settlement will then be dictated by the court. During the trial, both the defendant and the complainant are to present the evidences, accompanied with their witnesses. This is then followed by rebuttals and the decision then will be made by the jury. The giving of a verdict will be the closing stage of the trial.

If the jury then decided to take the side of the complainant, the defense will most likely file for an appeal, but of course they can choose not to. If not, the defendant will have to give the compensation according to the verdict. One must not be afraid of filing a cancer lawsuit. It is his/her life at stake and one must be blamed unless it is really the individuals' fault.

By Leroy Flowers, published at 02/16/2012
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What Is a Cancer Lawsuit?. 4 of 5 based on 10 votes.

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