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I have stage 1 COPD. Can big tobacco be sued? Pennsylvania…

Customer Question
I have stage 1...

I have stage 1 COPD. Can big tobacco be sued?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Has anything been filed? If so, what?

No

Submitted: 8 months ago.Category: Personal Injury Law
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Answered in 1 hour by:
11/17/2017
Personal Injury Lawyer: ScottyMacEsq, Attorney replied 8 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Personal Injury Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm very sorry to hear about your situation. Yes, they "can" be sued, but to have a successful case it's a bit more complicated than just suing "big tobacco". In order to sue a tobacco company for COPD related to cigarette smoking, a few things need to be established pursuant to the case of Engle v. R.J. Reynolds Tobacco Co.: First, you must prove that the person was addicted to cigarettes; Second, you must prove that the cigarette adiction caused one of the smoking-related illnesses specified in the original Engle case (COPD is enumerated.) Third, and most importantly, you must establish that the illness was discovered or diagnosed by November 21, 1996. These cases are hotly defended by Big Tobacco and their legal team. All of the elements must be met or the case will be dismissed by the Court.

What matters in your case is whether a contingent fee lawyer will take the case. The experts in tobacco litigation will take your case if they can win a good fee. Call them all and put your case in front of them. If nobody takes the case, it will be because you can't win. Don't accept the first negative answer, as different lawyers value cases differently.

That being said, you need to contact an attorney in your area that deals with tobacco litigation cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Personal Injury Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Did you have any other questions before you rate this answer?

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Personal Injury Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Personal Injury Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Personal Injury Lawyer: ScottyMacEsq, Attorney replied 7 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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