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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116757
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I lost my wife to cancer in 2012 she smoked and may have

Customer Question

i lost my wife to cancer in 2012 she smoked and may have been exposed to asbestos through her dad is it to late to make a claim
JA: What state are you in? It matters because laws vary by location.
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: her dad had died from the effects of asbostos
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There seems to some misunderstanding or misinformation being published to the public about the tobacco settlement funds. The tobacco master settlement fund was a fund divided between the states who sued the industry. The money is for states to use for healthcare insurance or coverage for smoking related illnesses and for stop smoking programs. It is not a fund that an individual can just file a claim to collect money from.
If you have smoking related health issues documented in your medical records as being caused by tobacco, then you need to contact a local tobacco product liability attorney and file suit against the company yourself to get a judgment for your healthcare issues.
As far as the asbestos settlement, it is likely too late for that and may be impossible to prove secondary exposure. However if a doctor can prove secondary exposure through her father she could use a mesotheleoma attorney and pursue that separate claim as well.
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