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Smokers Injured by Asbestos Exposure Are Also Eligible for Compensation

Posted on 6th July, 2021

by Legal Staff

As the leading cause of preventable death in the United States, tobacco smoking is responsible for up to 90% of lung cancer diagnoses. However, asbestos exposure is also a very important risk factor when it comes to developing lung cancer.

Approximately 4% of lung cancer cases are the result of asbestos exposure. When both asbestos exposure and smoking are or were present in your lifestyle, you are five times more likely to come to struggle with lung cancer.

Nevertheless, tobacco smoking increases the chances of developing other diseases whose main cause is asbestos exposure as well, such as asbestosis. Furthermore, recent medical studies found that the risk of developing mesothelioma if you have a history of asbestos exposure and are or were also a smoker increases by 50% to 80%.

If you are a former industrial worker or a veteran who is or was a smoker and have a diagnosis that may be related to asbestos exposure, you may wonder whether you are eligible for filing a claim. The answer is yes, you are, as long as the cause of your lung disease is asbestos exposure and not cigarette smoking. The key is that to qualify for filing a claim for asbestos exposure as a current or former smoker, you must have asbestos fibers in your lungs.

How Do I Prove that Asbestos Exposure and Not Smoking Is the Cause of My Lung Disease?

Smokers injured by asbestos exposure must undergo a thorough medical examination, whose purpose is to demonstrate that the asbestos fibers in their lungs are what caused their disease. Nonetheless, it is important to know that if you are or were a smoker who was also exposed to asbestos, you may receive a lower amount of compensation, as your habit could be deemed contributory negligence. This means that you have increased your risk of developing a disease that is usually caused by asbestos exposure.

However, this should not prevent you from reaching out and seeking the financial compensation you are entitled to, as, with the assistance of a lawyer who specializes in toxic exposure cases, you can still obtain a considerable sum of money. The amount of compensation you will eventually receive will depend on factors such as how much you were advised to quit smoking and how long and how heavily you smoked.

The asbestos fibers that you inhaled on the job or in the military can easily be seen on a simple chest X-ray, which is usually the first diagnostic test you will have to undergo as a victim of asbestos exposure. A medical professional who has vast experience in diagnosing and treating diseases that stem from asbestos exposure will be able to tell you with certainty whether your lung disease is the consequence of asbestos exposure or of tobacco smoking.

In order to qualify for filing a claim for asbestos exposure, regardless of whether you are a smoker or not, you must have a correct and accurate diagnosis. You should remember that not all diseases that affect the lungs have a definitive causal relation with asbestos exposure. Accordingly, you can only seek compensation as a smoker injured by asbestos exposure only for the following diagnoses concerning the lungs and the respiratory system:

As for the other diseases occurring in the lungs that may have a link to asbestos exposure, you will have to undergo a more extensive medical examination, and the process of recovering compensation will be more challenging for your attorney. Nevertheless, if you work with a specialized lawyer, you can still recover the maximum compensation you deserve for your injury.

The medical records you will obtain following your appointments will be enough to support the connection between your lung disease and asbestos exposure if this is the real cause of your illness. Our expert team will ease the legal process for you by thoroughly evaluating your medical records, as well as your employment or military records, and will eventually let you know if you are eligible for compensation from the liable asbestos companies.

In Which Ways Does Smoking Increase the Risk of Developing a Lung Disease?

Although the only cause of mesothelioma is asbestos exposure, it was recently discovered that tobacco smoking might increase the risk of coming to struggle with this cancer as well. Nonetheless, it is worthy of note that smoking alone does not result in mesothelioma.

As for the rest of the lung diseases that are the consequence of asbestos exposure, tobacco smoking was found to greatly influence the risk of developing them. Smoking causes the following issues to the lungs, which makes people with a history of asbestos exposure more susceptible to developing a lung disease:

  • tobacco smoke weakens the lung tissue, which creates the perfect environment for asbestos fibers to become trapped and embedded
  • tobacco smoke increases the amount of mucus produced in your lungs, which hinders the ability of your body to clean your lungs of irritants such as asbestos fibers

We strongly encourage victims of asbestos exposure who are or were smokers to contact our team of professionals, as we can help them obtain a significant amount of compensation from the responsible companies. After we carefully assess your case, you will know with certainty if you qualify for filing a claim for asbestos exposure.

In the fortunate event that you do, we will gladly recommend you a top lawyer who specializes in toxic exposure cases so that you can proceed with the legal process and claim the compensation you deserve for your injury. As long as you have pertinent evidence that your lung disease is the result of asbestos exposure, recovering compensation should not be a problem.

Quality Assistance for Smokers Affected by Asbestos Exposure

Atraxia Law has been evaluating personal injury and product liability claims for over 35 years, and we are bound to provide you with quality assistance if you are a smoker who was affected by a disease caused by asbestos exposure.

Whether your asbestos exposure occurred on the job or in the military, we will rigorously assess your situation and eventually let you know if you are entitled to compensation.

Lastly, you should keep in mind that asbestos claims have a statute of limitations of 3 years from the moment of diagnosis in the majority of states, which should make you seek our assistance as soon as you find out about your lung disease. If the statute of limitations is exceeded, you lose your right to compensation.