When it comes to personal injury claims for lung cancer — the diagnosis and medical records are critically important. Personal injury claims are not based on wrong or right; they are instead based on proof and evidence. If you or a loved one suspects they have been targeted by lung cancer due to unsafe work conditions, it's important to understand just how crucial medical records are.
Prognosis and Medical Needs
The value of a personal injury claim for lung cancer is largely based on your prognosis and your medical needs. One reason for this factor is that lung cancer can affect people at varying levels.
For example, someone with stage-one lung cancer might have a prognosis for full recovery after 18 months of treatment, whereas someone with stage-three lung cancer might need years of treatment and still have a less-than-positive prognosis. To ensure that the amount of the claim award is fair, the injured must have an official diagnosis that includes their prognosis and medical needs.
Establishing a Link to the Cause
Lung cancer can form for many different reasons. However, for those cases brought about by unsafe working conditions, the cause is often linked to exposure to certain elements, including asbestosis. When an individual is diagnosed with lung cancer, the physician can typically also link how the cancer developed based on the stage and type of lung cancer that they have.
This information is especially important, as it will create a direct link between the injured's lung cancer diagnosis and the cause of their condition. With this information, it will be much easier to seek compensation from the at-fault party.
Statute of Limitations
Every personal injury claim is guided by a statute of limitations, regardless of fault. For this reason, if someone is diagnosed with lung cancer due to unsafe work conditions, but they do not file the claim promptly, they might not be able to move forward with a request for compensation.
Medical records and an official diagnosis are very important in this instance because they establish a date by which the statute of limitations is formed. Typically, the individual is protected for a certain number of months or years before their statute of limitation expires and they are unable to file their claim after their diagnosis.
As soon as you receive your diagnosis from a medical provider, it's important to partner with an attorney. In addition to helping you present your evidence of the diagnosis, a lung cancer attorney will work aggressively to also help prove that the source of this disease is due to unsafe working conditions. Make an effort to partner with an attorney as soon as possible.