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Tobacco Product Liability Lawsuit

Tobacco Product Liability Lawsuit

Considering filing a tobacco product liability lawsuit? You need an experienced attorney on your side. Find out what you need to know about your rights and options.

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Walter Kelley Wins $200M Verdict Against RJ Reynolds Tobacco Company.

Get Help From a Top Tobacco Product Liability Attorney in Massachusetts

At Bernheim Kelley, our Massachusetts tobacco product liability lawyers advocate tirelessly for real justice and real results for the people and families harmed by cigarettes and other related products. Big corporations must be held accountable for putting profits ahead of public safety. If you were made seriously ill by long-term tobacco use or if your loved one was killed due to a tobacco-related medical condition, we are here to help. Contact us today to set up your free, no-obligation, and strictly confidential initial consultation.

How and Why is Tobacco Harmful?

Tobacco is one of the most harmful substances consumed by humans on a regular basis. In fact, the use of tobacco—especially through cigarette smoking— leads to a wide range of health issues and significantly increases the risk of developing life-threatening diseases. The Centers for Disease Control and Prevention (CDC) estimates that tobacco is linked to an astounding and tragic 480,000 deaths in the United States each year. Here are several reasons why tobacco is detrimental to health:

$200
MILLION
Tobacco Verdict
$6.0
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Car vs. Pedestrian Paralysis Injuries
$9.8
MILLION
Defective Pharmaceutical Product
$2.5
MILLION
Motorcycle Accident Injuries
$250
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Mass Tort Recovery
$74.4
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Defective Hip Implants
$3.25
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Negligent Maintenance on a Commercial Vehicle
$2.8
MILLION
Dangerous Drug Product
$2.0
MILLION
Defective Product Injuries
$1.03
MILLION
Defective Vehicle Suit

Tobacco has maintained its popularity for decades, despite the overwhelming evidence of its harmful effects. Understanding the role of big corporations can provide insight into why tobacco continues to be widely used. Here are some reasons behind its enduring popularity:

Know the Common Smoking-Related Illnesses and Diseases

Smoking is linked to a wide range of illnesses and diseases, many of which can be life-threatening. It is important to be aware of these common smoking-related health issues. Proper medical care is a must for any person who is suffering from a tobacco-related health issue. Here is a list of some of the most prevalent smoking-related illnesses and diseases:

An Overview of the Reasons for Recent Tobacco-Related Lawsuits

Are you considering taking legal action to sue a tobacco company? You may have questions about whether or not it is too late to sue for personal injury. Can you still bring a legal claim against a tobacco company in 2023? The answer is “yes”—that being said, there are some key points to be aware of regarding modern tobacco litigation. Many states settled massive tobacco lawsuits back in the 1990s. Indeed, as explained by the Massachusetts Government, the Commonwealth is a party to the 1998 Tobacco Master Settlement Agreement. The Master Settlement Agreement and Massachusetts statutes and case law more generally have important implications for your tobacco lawsuit.

An Overview of the Settlement Agreement and Tobacco Lawsuits in Massachusetts (2023)

While the Master Settlement Agreement brought some clarity to tobacco litigation in Massachusetts and other jurisdictions, a recent ruling from the Commonwealth’s highest court emphasizes that successful tobacco lawsuits are still being filed against the large cigarette manufacturers in Massachusetts. Here are some key things to know about the legal history as well as where your rights stand today:

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“Bernheim Kelly have a group of Lawyers, who acted very professional with my case. The whole staff was very polite and during the whole proceeding I was given the assurance that they were working in my best interest. At the end I was very satisfied with the result. They are a dynamic team.”

Ranford T

“Alicia and Robert took great care me. They keep me updated throughout the process and made it easy for me to understand everything. 10/10 highly recommended.”

Amanda S

“Very grateful for everything BK thank you.”

Jonathan C

“Robert and Alicia has been a great help with my case.”

Henry M
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What Type of Compensation Can You Recover in a Tobacco Liability Claim?

Long-term cigarette smoking or other tobacco use is incredibly dangerous. It is an addiction that is linked to many different types of life-threatening adverse health complications. Massachusetts allows victims and families to seek compensation for economic, non-economic, and punitive damages as part of a tobacco product liability claim. Can you sue for pain and suffering? Yes.

At Bernheim Kelley, our Massachusetts tobacco product liability attorneys are committed to fighting for real justice. We go the extra mile to help our clients secure that absolute maximum financial compensation as part of any settlement or verdict. You and your family may be entitled to recover monetary compensation for some or all of the following damages:

Who Can File a Tobacco Product Liability Lawsuit?

Depending on the specific circumstances, a smoker—or if they are deceased, their family—may be able to file a tobacco product liability lawsuit. Smokers who have suffered from smoking-related illnesses or diseases can file a lawsuit seeking compensation for their damages. If a smoker has passed away due to smoking-related causes, their family members, such as a spouse, child, or parent, may be able to file a lawsuit on behalf of the deceased.

Can a Person Still Sue a Big Tobacco Company Successfully?

Yes, individuals can still sue big tobacco companies successfully. Over the years, numerous lawsuits have been filed against tobacco companies, resulting in substantial settlements and verdicts. These lawsuits have established that tobacco companies can be held liable for the harm caused by their products. Still, modern tobacco product liability claims are especially complicated. It is crucial that victims and families are represented by an experienced attorney.

Can a Surviving Family Member File a Lawsuit on Behalf of the Deceased?

Yes, a surviving family member can file a lawsuit on behalf of the deceased in the form of a wrongful death claim. Wrongful death claims are brought by the family members of individuals who have died due to the negligent or intentional actions of another party. In the context of tobacco litigation, if cigarette smoking or other types of tobacco use contributed to your loved one’s death in Florida, please do not hesitate to contact our law firm for immediate help.

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What Evidence is Required to File a Tobacco Lawsuit in Massachusetts?

To file a tobacco lawsuit, various types of evidence can be beneficial. This can include medical records and documentation demonstrating the smoking-related illness or disease suffered by the individual, such as diagnosis reports, treatment records, and expert medical opinions. Beyond that, evidence of the individual’s history of tobacco use, such as purchase receipts or witness testimonies, can strengthen the case. A Massachusetts personal injury lawyer can help you and your family build a strong case.

What is the Deadline for Filing a Tobacco Lawsuit in Massachusetts?

Civil legal deadlines apply to all product liability lawsuits, including tobacco litigation claims. In the Commonwealth of Massachusetts, the statute of limitations for a tobacco product liability lawsuit is generally three years from the date that your injury was discovered or your family member passed away. The statute of limitations always matters. If you wait too long to initiate a tobacco liability claim in Massachusetts, you may not be able to take legal action at all. Determining the onset date for a tobacco-related claim can be complicated. If you have any specific questions about the statute of limitations, it is imperative that you consult with an experienced attorney.

Why Choose Bernheim Kelley for Tobacco Product Liability Lawsuit in Massachusetts?

Tobacco product liability claims are complex. You need a skilled advocate on your side. At Bernheim Kelley, our Massachusetts tobacco product liability lawyers are standing by, ready to help you and your family fight for justice. If you have any questions about bringing a tobacco product liability claim in 2023, we are more than ready to help. Contact us today to set up your free, no-obligation legal consultation. With law offices in Plymouth and Gloucester, we handle tobacco product liability lawsuits throughout the State of Massachusetts.

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