Fear of cancer claims seek emotional distress damages where the claimant has not developed disease. Most jurisdictions require either physical injury, physical impact, or a showing that the fear is reasonable and the risk more likely than not.
Standards vary substantially.
Alternative Names:
Cancerphobia, Fear of Future Disease
Why it Matters?
The more-likely-than-not requirement adopted in several jurisdictions is a high bar, since most exposures do not more than double the risk of disease. That effectively eliminates the claim in many contexts. Where a lesser standard applies, the reasonableness of the fear becomes the issue and objective evidence about actual risk magnitude is the defense. These claims frequently accompany medical monitoring claims.
Frequently Confused with
Related terms
Frequently asked questions
What standard applies to fear of cancer claims?
Why is the more-likely-than-not standard restrictive?
