Radiation Exposure & Lung Cancer: What are Your Legal Options? Get Answers from a Personal Injury Attorney

Lung cancer is a devastating diagnosis, and while smoking is often the first cause that comes to mind, radiation exposure is a significant and often overlooked risk factor. In fact, radon, a radioactive gas, is the second leading cause of lung cancer in the United States, responsible for an estimated 21,000 deaths each year. If you or a loved one has been diagnosed with lung cancer and have a history of radiation exposure, understanding your legal options is crucial. A personal injury attorney specializing in these cases can help you navigate the complexities of the legal system and fight for the compensation you deserve.

How Radiation Exposure Can Lead to Lung Cancer

Radiation, particularly ionizing radiation, has enough energy to damage DNA and cause cancer. This type of radiation includes radon, x-rays, gamma rays, and other forms of high-energy radiation. When inhaled or ingested, radioactive particles can damage the cells lining the lungs, potentially leading to cancerous mutations.

Several sources of radiation exposure can increase the risk of lung cancer:

Radon: This colorless, odorless gas is released from the natural decay of uranium in soil and rocks. It can seep into homes and buildings through cracks in the foundation, dirt floors, or even some building materials. Long-term exposure to radon is a well-established cause of lung cancer, especially in non-smokers.
Occupational Exposure: Workers in certain industries face a higher risk of radiation exposure. Uranium miners, nuclear power plant employees, radiologists, and even those working in industries involving asbestos or other carcinogens may be at risk.
Medical Treatments: While medical radiation, such as X-rays, CT scans, PET scans, and radiation therapy, can be life-saving, they also carry a small risk of causing cell damage that could lead to cancer. The benefits of these procedures generally outweigh the risks, but it’s essential to discuss any concerns with your doctor.
Nuclear Accidents and Weapons: Exposure to high-energy radiation from nuclear accidents or the production, testing, or use of atomic weapons can significantly increase the risk of various cancers, including lung cancer.

Understanding Your Legal Options

If you’ve been diagnosed with lung cancer and believe radiation exposure may be the cause, you have several legal avenues to explore:

Personal Injury Lawsuit: You can file a personal injury lawsuit against the party responsible for your exposure. This could be a landlord who failed to mitigate radon levels in a rental property, an employer who didn’t provide adequate safety measures in a workplace with radiation risks, or a manufacturer of a defective product that caused radiation exposure.
Workers’ Compensation Claim: If your radiation exposure occurred at your workplace, you may be eligible for workers’ compensation benefits. This can help cover medical expenses and lost wages. To qualify, you typically need to demonstrate that your exposure to radiation during your employment contributed to your lung cancer diagnosis.
Wrongful Death Lawsuit: If you lost a loved one to lung cancer caused by radiation exposure, you may be able to file a wrongful death lawsuit. This type of claim seeks compensation for the financial and emotional losses resulting from the death.
Radiation Exposure Compensation Act (RECA): This federal law provides compensation to individuals who developed certain illnesses, including lung cancer, after being exposed to radiation from U.S. nuclear weapons programs or uranium mining. RECA offers a lump-sum payment to qualifying individuals or their survivors. The One Big Beautiful Bill Act (OBBBA), Pub. L. No. 119-21, enacted July 4, 2025, reauthorized the filing of claims under RECA. New claims may be filed until December 31, 2027. The OBBBA also expanded eligible populations under RECA.
Asbestos Trust Funds: If your lung cancer is related to asbestos exposure, there are mesothelioma and asbestos trust funds that may provide compensation. Because these compensation funds get slowly depleted over the years, it is important that you act quickly to ensure that you are entitled to the full value of your lung cancer settlement to be paid out by said compensation fund.

Building a Strong Case

To pursue a successful legal claim, you’ll need to gather evidence to support your case. This may include:

Medical Records: Documenting your lung cancer diagnosis, treatment, and medical history.
Exposure History: Detailing the sources, levels, and duration of your radiation exposure.
Expert Testimony: Obtaining opinions from medical experts who can link your radiation exposure to your lung cancer diagnosis.
Work History: Providing records of your employment, particularly if you worked in an industry with radiation risks.
Environmental Testing: Conducting tests to measure radon levels in your home or workplace.

The Importance of Legal Representation

Navigating the legal complexities of radiation exposure and lung cancer claims can be challenging. A personal injury attorney specializing in these cases can provide invaluable assistance:

Case Evaluation: An attorney can assess the details of your situation and determine the best legal options for you.
Evidence Gathering: They can help you gather the necessary evidence to build a strong case.
Negotiation: An attorney can negotiate with insurance companies and defendants to reach a fair settlement.
Litigation: If a settlement cannot be reached, an attorney can represent you in court and advocate for your rights.
Understanding the Law: They can help you understand your legal options and investigate potential sources of exposure in your past which can be critical to the success of your claim.

Seeking Justice and Compensation

A lung cancer diagnosis is a life-altering event, and if radiation exposure is to blame, you deserve justice and compensation. Pursuing a legal claim can help you recover financial losses, including medical expenses, lost wages, and pain and suffering. It can also hold negligent parties accountable for their actions and promote safer practices to prevent future harm.

If you or a loved one has been affected by radiation exposure and lung cancer, don’t hesitate to seek legal guidance. Contact a personal injury attorney today to discuss your options and take the first step toward securing the compensation and justice you deserve.