The connection between smoking and lung cancer is clearly defined thanks to decades of public health notices appearing everywhere, from billboards to a pack of cigarettes. This messaging may dissuade some smokers or former smokers with mesothelioma from thinking they can file a claim. Still, even if you smoke, you can file a mesothelioma lawsuit. While both mesothelioma and smoking can result in lung cancer, they have different causes and symptoms.
Mesothelioma is a type of cancer that affects the lining of the lungs, abdomen or heart. It is primarily caused by exposure to asbestos, a mineral once widely used in construction and other industries. When a person inhales asbestos fibers, the particles become lodged in the lining of the lungs, abdomen, or heart. Over time, these fibers cause inflammation and scarring, which can lead to the development of mesothelioma. The disease typically affects the mesothelium, a thin tissue layer covering many internal organs.
Smoking, on the other hand, is a significant cause of lung cancer. Cigarette smoke contains harmful chemicals that can damage the cells in the lungs, leading to cancer. Cigarette smoke contains more than 7,000 chemicals, at least 69 of which are known to cause cancer. These chemicals can damage the DNA in lung cells, leading to uncontrolled cell growth and the formation of tumors.
Filing a mesothelioma claim in Pennsylvania
Even if you smoke, you can still file a mesothelioma lawsuit. The key is to prove that asbestos exposure, not smoking, was the primary cause of your mesothelioma. The law allows individuals to sue employers or manufacturers responsible for asbestos exposure in Pennsylvania. To move forward with a claim, you need to show evidence of asbestos exposure at your workplace or from products you used. Additionally, you must file the lawsuit within two years of your diagnosis.
Available damages and legal assistance
If your mesothelioma lawsuit is successful, you may be entitled to various types of damages. These can include compensation for medical expenses, lost wages, pain and suffering, and even punitive damages if the employer’s conduct was particularly negligent. An attorney specializing in mesothelioma cases can guide you through the legal process, help gather evidence and represent you in court. They can also negotiate settlements on your behalf to ensure you receive fair compensation.