Was Your Cancer Preventable? Here’s When You Might Be Able to Sue

A cancer diagnosis is devastating, not only because of the physical toll it takes but also because of the emotional, financial, and personal upheaval it causes. 

While many cases of cancer are due to genetics or environmental exposures beyond our control, there are circumstances where a person may develop cancer due to someone else’s negligence or wrongdoing. In those situations, you may have legal grounds to sue.

At Morgan & Morgan, we believe that no one should suffer the life-altering consequences of cancer because of another party’s carelessness, recklessness, or intentional harm. If you believe someone else’s negligence caused your cancer, contact us today for a free case evaluation to learn more about your legal options and how you can fight for the compensation you need and deserve to move forward with your life.

Can You Sue for Getting Cancer?

Yes, in certain cases, you can sue if your cancer diagnosis was caused or worsened by another party’s actions or failure to act. 

These cases fall under the category of toxic torts or personal injury and typically require proving that the defendant’s negligence, recklessness, or wrongful conduct led to your illness.

To have a viable cancer-related lawsuit, you must be able to show:

• Duty of care: The defendant had a legal obligation to protect your health or safety.
• Breach of that duty: They failed to uphold that obligation through action or inaction.
• Causation: Their breach directly or indirectly caused your cancer.
• Damages: You suffered financial, emotional, or physical harm as a result.
  
   

Common Situations Where You Can Sue for Cancer

There are several scenarios in which cancer victims have successfully sued individuals, companies, or institutions. Below are the most common:

Exposure to Toxic Substances (Toxic Tort Lawsuits)

Long-term exposure to toxic chemicals and materials, especially in workplaces, homes, or public environments, can significantly increase your risk of developing cancer. If a company knew (or should have known) about the danger and failed to protect you, they could be liable.

Common examples include:

• Asbestos exposure causing mesothelioma, lung cancer
• Benzene exposure causing leukemia
• Glyphosate (Roundup) causing Hodgkin's lymphoma
• Diesel exhaust fumes causing bladder or lung cancer
• Per- and polyfluoroalkyl substances (PFAS) causing kidney, testicular, and thyroid cancer
• Talcum powder with asbestos contamination causing ovarian cancer

In these cases, plaintiffs often sue employers, manufacturers, or property owners who failed to warn of the danger or provide adequate safety protections.

Workplace Exposure to Carcinogens

Many cancers are linked to occupational exposure. If your employer negligently allowed you to work in conditions where you were exposed to carcinogens without proper protective gear or warnings, you may be eligible for compensation.

Industries commonly involved in such lawsuits include:

• Construction
• Manufacturing
• Mining
• Oil and gas
• Chemical plants
• Firefighting

Depending on the situation, a lawsuit may be filed under workers’ compensation, or, in cases of gross negligence or third-party involvement, through a personal injury claim.

Pharmaceutical or Medical Product Lawsuits

Some medications and medical devices have been linked to cancer development. If a drug manufacturer failed to warn about cancer risks or misled doctors and patients, they could be held accountable.

Examples include:

• Zantac (ranitidine): Recalled due to links with various cancers.
• Certain birth control pills: In rare cases, linked to breast or liver cancer.
• Vaginal mesh products: In rare instances, alleged to cause chronic inflammation leading to cancer.

If you were prescribed a drug or underwent a procedure that caused or contributed to your cancer, you may have grounds to sue the pharmaceutical company or medical device manufacturer.

Environmental Contamination

Entire communities have been affected by corporate pollution that contaminates water, air, or soil. If you or your family developed cancer due to living near a power plant, refinery, military base, or manufacturing facility, your case may be part of a class action or mass tort lawsuit.

Notable examples:

• Camp Lejeune: Marines and their families exposed to toxic water suffered cancers and other illnesses.
• Love Canal: A New York community exposed to buried toxic waste experienced an alarming cancer cluster.
• Flint, Michigan: Although mainly associated with lead poisoning, residents have also reported cancer diagnoses due to the water crisis.

These cases typically involve complex environmental law and require thorough investigation and expert testimony.

Medical Malpractice or Delayed Diagnosis

In some cases, the issue is not how you got cancer, but how it was handled. If a doctor failed to detect or diagnose your cancer when a competent physician would have, and that delay led to worse outcomes, you may have a medical malpractice case.

Delays in diagnosis or misdiagnosis can:

• Allow the cancer to progress to an untreatable stage.
• Lead to unnecessary surgeries, radiation, or chemotherapy.
• Shorten life expectancy or cause premature death.

Hospitals, physicians, radiologists, or pathologists may be held liable if they deviated from the standard of care.

What Damages Can You Recover in a Cancer Lawsuit?

Cancer can have an enormous impact on your health, as well as every aspect of your life. If you successfully file a lawsuit, you may be entitled to compensation for both economic and non-economic damages, including:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Loss of consortium (relationship harm)
• Emotional distress
• Punitive damages (in cases of gross negligence or misconduct)
• Wrongful death (for surviving family members)

Every case is different, and compensation depends on the specifics of your exposure, your diagnosis, and the damages you’ve suffered.

How Long Do I Have to File a Cancer Lawsuit?

Every state has a statute of limitations, which is a deadline for filing a lawsuit. The clock typically starts ticking when:

1. You are diagnosed with cancer, or
2. You reasonably should have known your cancer was linked to someone else’s actions.

This is known as the discovery rule. In some toxic tort cases, it may take years (or decades) for cancer to develop after exposure, so the discovery rule is critical.

Because these timelines vary by state and by case type, you should speak with an attorney as soon as possible.

What Evidence Do I Need to Sue for Cancer?

Winning a cancer lawsuit requires thorough documentation and often expert testimony. A strong case may include:

• Medical records showing diagnosis, treatment, and prognosis
• Employment history linking you to toxic exposure
• Product receipts or prescriptions
• Environmental test results
• Expert opinions from oncologists, toxicologists, or industrial hygienists
• Internal company documents (if they reveal prior knowledge or coverups)

Your attorney will help you gather and build the evidence needed to connect the dots between the cause and your diagnosis.

How Morgan & Morgan Can Help

At Morgan & Morgan, we have a long track record of fighting for victims of corporate negligence and medical wrongdoing. We understand the physical, emotional, and financial toll a cancer diagnosis can take, and we’re here to help you seek the compensation you deserve.

When you work with us, we’ll investigate the source of your cancer, work with medical and scientific experts, and handle all legal filings and negotiations

We never charge upfront fees, and you only pay if we win. With more than 1,000 attorneys nationwide and a history of recovering billions for clients, we’re ready to take on the biggest corporations and insurance companies on your behalf.

When Should I Contact a Lawyer?

If you believe your cancer may have been caused by exposure to a toxic substance, a faulty product, or medical negligence, you should contact an attorney as soon as possible. Waiting too long could cost you your right to file a claim.

A free case evaluation with Morgan & Morgan can help you understand your legal rights, determine if you have a case, protect evidence before it’s lost, and get the peace of mind you deserve during a difficult time.

Cancer is overwhelming, and when someone else is responsible for your diagnosis, it adds another layer of anger and frustration, but you shouldn’t have to suffer someone else’s mistake. 

Whether you were exposed to dangerous chemicals at work, misdiagnosed by a doctor, or harmed by a defective drug, you may be entitled to financial compensation, and Morgan & Morgan is here to help you fight for it.

If you or a loved one has been diagnosed with cancer and believe someone else may be at fault, contact us today for a free, confidential case evaluation.