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Eligibility Criteria for Smokers Who Want to File a Tobacco Product Liability Claim

Posted on 9th February, 2021

by Legal Staff

While you may think filing a product liability claim with a tobacco manufacturer is pointless, since they are a huge business and since there is plenty of advertising warning about the dangers of smoking, we can assure you that, if you work with the right team of professionals, your endeavors will have a favorable outcome. Therefore, if you developed a disease as a consequence of smoking tobacco, you may be eligible for filing a product liability claim with the companies whose cigarettes you have been smoking.

However, it is important to know what the eligibility criteria are before initiating the legal process, as only a certain category of smokers qualify for compensation from tobacco manufacturers.

What Diseases Make You Eligible for Filing a Tobacco Product Liability Claim?

Smoking is notorious for causing a wide range of diseases affecting nearly every part of the body, such as rheumatoid arthritis, diabetes, and heart disease. Nevertheless, only smokers with certain diseases qualify for filing a tobacco product liability claim, as there must be a strong causal relation between tobacco use and the disease you are struggling with. Consequently, only if you have one of the following diseases you can seek compensation from tobacco manufacturers:

  • lung cancer
  • chronic obstructive pulmonary disease
  • throat cancer

It is important to know that chronic obstructive pulmonary disease refers to emphysema and chronic bronchitis, whereas throat cancer includes esophageal cancer, laryngeal cancer, and pharyngeal cancer. Thereby, if you have one of these diseases, please contact the team of professionals of Atraxia Law, who have over 35 years of experience in evaluating product liability claims. After a thorough assessment of your case, they will be able to tell you with certainty whether you qualify for filing a tobacco product liability claim with the companies responsible for your diagnosis.

What Category of Smokers Qualifies for Filing a Tobacco Product Liability Claim?

In addition to suffering from a disease that makes you eligible for filing a tobacco product liability claim, you must fall under a certain category of smokers to qualify for seeking financial compensation for your diagnosis. Accordingly, only people who began smoking before 1964 as a minor can file a tobacco product liability claim with one or multiple companies, depending on the brands of cigarettes they have been smoking.

While it may seem unfair that only these individuals are eligible for recovering compensation, it is important to know that there is a good reason behind this criterion. Because diseases caused by tobacco smoking take several years or even decades to develop, only people who began smoking before 1964 qualify for filing a product liability claim. Similarly, because smoking affects minors to a significantly greater extent than adults, people who intend to file a claim must have been underage when they first engaged in this unhealthy habit.

File a Tobacco Product Liability Claim with the Assistance of Our Team

Atraxia Law has been evaluating product liability claims for over 35 years and our team is ready to provide you with quality assistance if you struggle with a disease as a consequence of tobacco smoking. Even though the process is quite complex and tedious, it will require minimal involvement on your part, as you will only have to thoroughly describe your smoking habit to our experts and provide us with your medical records stating your related diagnosis.

Afterward, our team of professionals will take over so that you can continue to focus on your health and treatment, as we are aware that the majority of our clients are very ill. We will conduct extensive research to discover additional evidence for your claim, as well as take care of all the necessary documents on your behalf. Eventually, we will be able to tell you with certainty whether you are eligible for filing a tobacco product liability claim with the companies whose cigarettes you have been smoking. For additional information, please feel free to contact our company and we will gladly answer your questions.