Kelley Uustal Trial Attorney
April 17, 2013

Tobacco Lawsuits Differ from Typical Personal Injury Cases

Smoking lawsuits are unlike other personal injury cases because the damages take place over a long period of time. Additionally, tobacco companies have massive amounts of money that they can use deflecting and defending lawsuits. However, that doesn’t mean that such lawsuits are fruitless. The sister of former Fort Lauderdale mayor Jim Naugle was awarded $300 million against Philip Morris USA. At Kelley/Uustal, our tobacco lawyers can advise you on the strength of your case.

Why Tobacco Lawsuits Are Different

Unlike a car accident, where injuries are usually instantaneous, injuries from tobacco use take years to develop. Furthermore, people voluntarily choose to start smoking, whether they know the risks or not. Asbestos lawsuits and concussion lawsuits concerning football players are other types of injury suits that play out over long periods of time. A tobacco lawyer needs special skill and experience to successfully bring a smoking lawsuit.

The Big Wave of Tobacco Lawsuits in the 1990s

The 1990s were a watershed decade in tobacco lawsuits. Documents were leaked showing that big tobacco knew of the addictive nature of their product, and lawsuits started favoring plaintiffs. More than 40 states sued tobacco companies for reimbursement of the costs to public health systems from people with smoking-related health issues. A Master Settlement Agreement was reached in 1998 that included hundreds of billions of dollars for reimbursement of healthcare costs.

Tobacco Lawsuits in Recent Years

In 2006, the Supreme Court in Florida threw out a class action suit, finding that tobacco companies knowingly sold dangerous products. The ruling meant that some 8,000 smokers and families could bring individual suits against tobacco companies, and only had to prove that the individual was harmed by cigarette addiction. This has given new hope to survivors of those who died from smoking-related causes.

Speak with a Lawyer About Your Situation

Contact a tobacco lawyer if you or a loved one has suffered health consequences of smoking. You may be able to recover damages, as many others have been able to do in recent years. At Kelley/Uustal, our injury lawyers have experience in tobacco litigation and can advise you on the best way to proceed.

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