North Carolina State Statutes of Limitations for Lung Cancer Lawsuits

Lung cancer is the second most common cancer in both men and women (prostate cancer is more common for men, and breast cancer for women). According to the American Cancer Society, about 238,340 new cases of lung cancer will be diagnosed in 2023 and there will be about 127,000 deaths from lung cancer. Lung cancer is the leading cause of cancer deaths across the United States, accounting for about one in five of all cancer deaths. Every year in the U.S., more people die of lung cancer than from colon, prostate, and breast cancers combined. The primary causes of lung cancer include:

  • Radon gas exposure— According to the CDC, when radon gas is breathed in, radioactive particles can get trapped in your lungs. Breathing in high levels of radon is a primary cause of lung cancer, with as many as 21,000 lung cancer deaths per year in the U.S. attributed to radon. In fact, following tobacco/smoking, radon is the leading environmental cause of any cancer and is the second leading cause of lung cancer.
  • Asbestos exposure— Asbestos is a group of minerals that occur naturally in soil and rocks, made primarily of oxygen and silica. People are primarily exposed to asbestos through the inhalation of the fibers in the workplace. Over time, those fibers can reach the airways in the lungs or penetrate the outer lining of the lung and chest wall. Asbestos exposure causes about 4 percent of all lung cancers.
  • Silica exposure— Exposure to silica dust can lead to lung cancer, silicosis, kidney disease, and COPD. More than 200 people in the United States develop lung cancer every year as a result of past exposure to silica dust in the workplace.
  • Tobacco/cigarette smoke/Secondhand smoke— While cigarette smoke is a leading cause of lung cancer, those who are exposed to carcinogens like silica dust, asbestos, and radon gas and who also smoke are the most likely to develop lung cancer. The CDC found that non-smoking adults who are routinely exposed to secondhand smoke increase their risk of lung cancer by 20-30 percent, with secondhand smoke causing about 7,300 lung cancer deaths per year in the U.S.
  • Previous radiation therapy— While radiation therapy is an accepted cancer treatment that can save lives in many cases, it can also contribute to lung cancer down the line, especially if the person is also exposed to carcinogens like radon gas, silica dust, asbestos, or cigarette smoke.
  • Other carcinogens or a family history of lung cancer

The EPA discusses their response to radon exposure and lung cancer at this site, lung cancer and silica exposure here, and asbestos exposure and lung cancer here. The FDA essentially governs these carcinogens only if they are present in food, drugs, or certain health products. Many lung cancer lawsuits are currently being filed by those whose lung cancer was the result of a workplace carcinogen. You need the assistance of an experienced lung cancer attorney with a deep understanding of the many issues involved in the process. Across the United States asbestos lung cancer lawsuits are being filed, along with silica dust lung cancer lawsuits and radon gas lung cancer lawsuits.

Carcinogens Associated with Lung Cancer

Radon gas is a colorless, odorless radioactive gas emitted from the natural breakdown of uranium in soil, rocks, and water, permeating the air we breathe. Radon gas increases the risk of all lung cancer types with a higher risk for small cell lung cancer than for squamous cell carcinoma and adenocarcinoma of the lung. (Small cell lung cancer is more difficult to treat). Like asbestos lung cancer, radon gas lung cancer can take from 5 to 25 years to become evident. Radon gas lung cancer is diagnosed through the use of chest x-rays, low-dose computerized tomography, sputum cytology, or a combination of these tests.

By the time radon gas lung cancer is diagnosed, the carcinogen may have been in the lungs for many, many years, damaging cells in the lung. As a result, the prognosis for radon gas lung cancer is only a 15 percent survival rate five years after the diagnosis. Radon gas lung cancer is treated with surgery, lung cancer chemotherapy, radiation, and targeted therapy using drugs to block the growth and spread of cancer cells.

Asbestos lung cancer differs from mesothelioma in that lung cancer develops inside the lung space while pleural mesothelioma develops on the outer lining of the lungs although both types are caused by exposure to asbestos fibers (usually in the workplace). Mesothelioma grows slowly and in small, widespread nodules around the lungs while asbestos lung cancer can quickly spread to other organs. While mesothelioma can take from 20 to 60 years to manifest, asbestos lung cancer takes from 10 to 30 years.

Diagnosing asbestos lung cancer requires a biopsy—either a bronchoscopy, a needle biopsy, or a thoracoscopic surgical procedure. Asbestos can cause non-small cell lung cancer as well as small cell lung cancer. Lung cancer treatment for asbestos lung cancer generally includes a combination of surgery, radiation, and chemotherapy although there are clinical trials using immunotherapy, gene therapy, photodynamic therapy, and cryotherapy. The five-year survival rate for asbestos lung cancer is about 26 percent.

Silica dust lung cancer occurs when tiny bits of silica are breathed into the lungs, causing silicosis, which can eventually lead to lung cancer once the lung tissues become permanently scarred. About 2.3 million U.S. workers are exposed to silica in the workplace, including 2 million in construction and 300,000 in other industries. CT scans are used to evaluate workers with high silica exposure to enhance the early detection of lung cancer. Immunotherapy is a significant lung cancer treatment in the treatment of silica dust lung cancer, increasing the five-year survival of patients by fourfold.

The American Cancer Society reports that radon lung cancer accounts for about 13 percent of lung cancer cases, inadequate diet for about 9 percent, air pollution about 8 percent, asbestos fibers for 2 percent, arsenic for 2 percent, and silica dust and other carcinogens for about 3 percent. This leaves only 63 percent of all lung cancer diagnoses that are solely attributed to smoking and other recognized lung cancer risk factors. The prognosis for all lung cancer causes will depend on how quickly the cancer is found, whether it has spread, and the stage when discovered.

Statutes of Limitations in North Carolina for Personal Injury and Wrongful Death

Statutes of limitations are set by each state for different types of civil and criminal cases. In civil cases, there are specific windows of time for personal injury, wrongful death, medical malpractice, and product liability claims. In some cases, the statutes in a given state are the same for all of these, while in others, the statutes may be different. There may also be a Discovery Rule that may apply to personal injury and wrongful death claims. In the state of North Carolina, the statute of limitations for personal injury is three years from the date the injury occurred. The statute of limitations for a wrongful death claim is two years from the date of the death. The Discovery Rule in North Carolina determines that the actual statute of limitations will not begin to accrue until the injury is discovered—or should have been discovered.

The Discovery Rule applies to wrongful death claims, but not to personal injury claims in the state. It’s important that you speak to a well-qualified lung cancer lawsuit attorney who can look at your case in its totality. While you may think your statute of limitations has run, there are exceptions that your attorney will know about and can explain to you. Additionally, many lung cancer cases can be resolved without having to file a lawsuit as there are more than 32 billion dollars in trust funds available to lung cancer victims who had certain types of exposure.

Getting Help from a North Carolina Lung Cancer Lawsuit Attorney

It is extremely important that you speak to a knowledgeable lung cancer lawyer from Sullo & Sullo regarding a potential asbestos lung cancer lawsuit, radon gas lung cancer lawsuit, silica dust lung cancer lawsuit, or other toxic exposure lung cancer lawsuit. Having an experienced lung cancer law firm with the best lung cancer lawyers who can help you through this difficult time is an invaluable resource. If you are a resident of one of the following North Carolina locales and have been diagnosed with lung cancer caused by toxic exposure, contact a carcinogen-exposure lung cancer lawyer today to determine your options.

Charlotte, North Carolina

Raleigh, North Carolina

West Raleigh, North Carolina

Greensboro, North Carolina

Winston-Salem, North Carolina

Durham, North Carolina

Fayetteville, North Carolina

Cary, North Carolina

DISCLAIMER: Statutes of Limitations limit the amount of time that an individual has to file a lawsuit, and not only vary from state to state, but also vary by cause of action. The information provided above and in the state-specific pages in this section is meant as a general guide, and is for informational purposes only. Each client’s case is unique, and the specific circumstances of any individual case can have significant bearing on the applicable statute of limitations. Any person who believes they may have a viable cause of action is strongly encouraged to consult with an attorney about the statute of limitations for his or her case. Attorney Andrew Sullo is licensed to practice law in Texas, and can prosecute cases that are part of a federal multi-district litigation. Andrew Sullo does not practice law in any other state, and is not certified by the Boards of Legal Specialization in any state. Not all states have board certifications. This information is not intended to solicit clients for matters outside of the State of Texas. Our firm is not accepting cases in any state where it would be impermissible for it to do so. Sullo & Sullo, LLP maintains its principal office in Houston, Texas.

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