Legal FAQs

What if the Individual Affected with Mesothelioma Smoked?

Some victims of mesothelioma are under the impression that they cannot file a lawsuit against the companies that produced asbestos products because they smoked. However, this is not the case, as individuals who smoked and are now suffering with mesothelioma can still launch a legitimate court case.

Mesothelioma is caused almost exclusively by asbestos exposure-not smoking. Mesothelioma is a virtually incurable cancer that affects the lining of the lungs, heart, or abdomen and is caused by the inhalation of asbestos fibers. The fibers' atomic structure makes it difficult for the body to expel them once they are inhaled or ingested. Mesothelioma takes years to surface, usually between 15 and 50 years after exposure occurs.

Smoking does not increase the risk of developing mesothelioma. However, smoking does complicate the chances of contracting asbestos-related diseases, including mesothelioma. Cigarette smoking can cause lung cancer, but it cannot cause mesothelioma. Additionally, evidence has shown asbestos exposure is a contributing factor in developing lung cancer among smokers.

Asbestos Manufacturer Liability

During the Second World War, asbestos use skyrocketed in several industries, namely construction and shipbuilding. Countless residential, commercial, and public structures were constructed during this time using asbestos-laden materials throughout the country. There was also an increased effort in shipbuilding to supply the war effort during World War II. During this pinnacle time in asbestos history, manufacturers of asbestos materials were aware of the dangers of human exposure to asbestos. In order to protect bottom lines and maintain high profit margins, the companies kept quiet and suppressed public awareness of the dangers of asbestos. It is these actions that make the manufacturers of asbestos products liable for the asbestos-related diseases afflicting thousands of people today.

Another factor in liability is the fact that asbestos companies knew safety precautions such as face masks could limit asbestos exposure and hazards for individuals who worked with the material. Despite this knowledge, the companies made no effort to employ any safety measures.

The Next Step for Smokers with Mesothelioma

Smoking does not increase an individual's chance of contracting mesothelioma. No amount of smoking can cause this type of asbestos cancer. The only proven cause of mesothelioma is asbestos exposure. Thus, even if you have ever been a smoker you can still launch a legitimate mesothelioma case in the court system.

The first step for any mesothelioma victim is to contact a qualified and expert mesothelioma lawyer. These specialized attorneys have the knowledge, background, and case history to be considered experts on asbestos exposure and mesothelioma cases. A mesothelioma lawyer will build a strong case against the responsible company based on the information you provide. Even if you do not know where you were exposed to asbestos, a mesothelioma lawyer can help to discover this information.

For more information about these issues and what you can do to assert your rights, please fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive a comprehensive information packet.

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