Many individuals diagnosed with asbestos-related illnesses often hesitate to seek legal recourse, especially if they have a history of smoking. This is often due to a prevailing myth that any history of smoking will make it impossible to bring forward a successful asbestos claim. The fact is a history of smoking does not preclude the path to legal recourse. It is important for victims of asbestos exposure to understand that both smokers and non-smokers exposed to asbestos have the right to pursue justice and compensation.
What should I know about asbestos exposure cases?
Despite a history of smoking, the legal rights of individuals exposed to asbestos remain intact due to several key legal principles:
- Cause: We know that exposure to asbestos increases the risk of cancer in both smokers and nonsmokers.
- Contributory negligence: While smoking may contribute to disease, it does not absolve responsible parties from their liability for asbestos exposure.
- Compensable disease: Legal systems recognize these diseases as compensable, regardless of other health factors.
These principles help to better ensure that victims of asbestos exposures can seek justice, regardless of their smoking history.
Why should past smokers with asbestos-related diseases consider legal recourse?
The presence of a smoking history should not deter asbestos exposure victims from seeking legal help for several reasons. Medical experts can help distinguish the impacts of asbestos exposure from those of smoking and professionals can calculate compensation based on the extent of harm caused specifically by asbestos. It is also important to note that the courts have ruled in numerous cases in favor of plaintiffs who were smokers, further highlighting the fact that you can find success with these cases regardless of smoking history.
The misconception that smoking history negates the validity of an asbestos exposure claim is not only false but also harmful, as it may prevent victims from seeking the compensation they rightfully deserve. Courts have awarded both smokers and non-smokers settlements in asbestos-related cases, proving that legal avenues exist to address the harm caused by asbestos exposure. Remember, the law is designed to protect all victims of asbestos exposure and to hold accountable those responsible for the harm caused.