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Can a smoker with lung disease receive compensation?

Yes. Smokers who struggle with a disease as a consequence of asbestos exposure are still eligible for compensation, as the asbestos fibers in their lungs are the primary cause of their disease.

answered by Gregory A. Cade

The asbestos fibers in the lungs of smokers are the primary cause of their pulmonary disease

While the majority of lung cancer cases have tobacco smoking as the main cause, asbestos exposure can also result in the development of this disease. However, when both smoking and asbestos exposure are present as risk factors, the likelihood of developing lung cancer increases by 50 to 84 times, according to medical studies. One important difference between regular lung cancer and lung cancer which occurs as a result of asbestos exposure is the latency period. Thereby, when asbestos exposure is the cause, lung cancer will take between 10 and 50 years to develop, as asbestos fibers gradually produce inflammation and tissue scarring to the lungs. Nevertheless, regardless of whether you are a smoker or not, if you developed a disease that has a causal relation with asbestos exposure, you are still eligible for compensation, as asbestos is the primary culprit behind your diagnosis. Smoking only contributes to the development of your disease.

Nonetheless, lung cancer is not the only disease that can be caused by smoking and asbestos exposure. Diseases such as pulmonary fibrosis, COPD, emphysema, chronic bronchitis, or asthma can also be the result of both smoking and asbestos exposure. Therefore, when they occur in a person with a history of asbestos exposure who is or was also a smoker, they still qualify the individual for recovering financial compensation. Although smoking is the most common cause of lung disease, when someone has a history of asbestos exposure, it is the asbestos fibers in their lungs that are responsible for the development of their pulmonary disease. For this reason, smokers who were exposed to asbestos on the job or while serving in the military are eligible for compensation.

Our medical specialists offer asbestos screenings free of charge

If you experience the symptoms of lung disease or already have a diagnosis, we strongly encourage you to reach out to our medical experts, who specialize in diagnosing diseases that stem from asbestos exposure. Since misdiagnosis is so common among the victims of asbestos exposure, seeking a second and even a third opinion is essential. Having a correct diagnosis will not only make you eligible for compensation but will also help you receive appropriate treatment for your disease. With over 25 years of professional experience, our medical specialists will carefully examine your chest X-rays for asbestos fibers to eventually assign you a precise diagnosis. If necessary, they will also use other tests and exams to diagnose you, such as blood and breathings tests.

We provide quality legal assistance to smokers injured by asbestos exposure

Since 1990, our attorneys have been pursuing compensation for the victims of asbestos exposure and will gladly help you file a claim to recover the money you deserve. If you came to struggle with a disease as a result of occupational or military asbestos exposure, they will file a claim with asbestos trust funds, which represent the primary source of compensation for the victims of asbestos exposure, as well as with the VA, if you are a veteran. Although the legal process in asbestos exposure cases is very complex and tedious, your involvement will be minimal, as you will only have to thoroughly explain your situation to your attorney and provide our legal team with your employment or military records and with your medical records, which will be used as evidence of asbestos exposure and of related diagnosis.

Regardless of whether you are a smoker or not, if you have a history of asbestos exposure and suffer from pulmonary disease, you are eligible for compensation. It is important to keep in mind that asbestos exposure cases have a statute of limitations of 3 years in the majority of states, so it is recommended to take legal action as soon as you receive your diagnosis. Our attorneys, who specialize in toxic exposure cases, will recover the maximum compensation you qualify for within the shortest time possible. Finally, it is worthy of note that our law firm works on a contingency fee basis, which means that you do not have to pay our attorneys anything unless they recover compensation for you.

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