If you have been affected by tobacco, you still have a chance to hold the companies accountable for the damage done to you or your loved ones. Because of the experience with class-action lawsuits against tobacco companies, lawyers specializing in tobacco litigation are now deciding to file mass tort cases instead. We will examine the options that are available to you if you or a loved one were harmed by tobacco products.
What to Know About Tobacco Legally
The American Lung Association advocated for raising the age for the purchase of tobacco products to 21 years. In 2019, Congress passed this law, and it took effect immediately in December.
How to Go About Pursuing a Case Against a Tobacco Company
In order to sue a tobacco company, you must select the action that you want to take, and for this, you need a lawyer. For example, it may be to file a wrongful death lawsuit. Second, the victim in the lawsuit must have been directly exposed to smoke or second-hand smoke. In the case of a wrongful death lawsuit, the victim’s estate will be required to be the one to sue. To file a class-action lawsuit, each plaintiff must fit the above criteria. If you are a smoker, you must have been diagnosed with a cigarette-related illness.
You have the option of filing a class-action lawsuit, but every plaintiff must meet the above-listed criteria to join. There is also the mass tort claim where each plaintiff must have been diagnosed with a smoking-related illness or death from a smoking-related illness. Each plaintiff must file their own actions that demonstrate that they were harmed by smoking cigarettes.
The mass tort claim is beneficial because it requires you to go through the legal process individually, so your case may be easier to prove. In most cases, class-action lawsuits do not offer plaintiffs the largest settlements.
Next, you must decide on a legal theory on which the claim is based. Examples of legal theories are wrongful death, false advertising, defective products and product liability.
Legal Routes to Go If Tobacco Has Affected You
A Lawsuit
When you file a lawsuit, you are seeking a remedy for the harm you have endured. The remedy either compensates you for the damage that was done to you or stops the harm. In this type of case, you would need to sue for the defendant to do or refrain from doing something. You would also ask for monetary compensation so that you can receive lost pay, payment for medical bills and to recover moving costs. If you sue your landlord, the court may require him or her to designate some units in the building as smoking units.
Deciding to File in Trial Court
You have the option of filing your lawsuit in a trial court. You will need to hire an attorney because the rules are extensive, and it would be highly detrimental to your case if you were to represent yourself. If you would like the defendant to do or not do something and pay damages, you must file your lawsuit in the trial court.
