I have been smoking since I was 18, when I went into the NAVY in Aug. of 1979. I quit about a year ago in June of 2012. I now have COPD and it limits many activities. Can I sue?
Family Law Attorney
Anybody can sue for anything at anytime, but that doesn't mean you will win, and if you win it doesn't mean you will collect. You might best be served by looking for an existing Class action suit to join.
Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.
Your question about whether you can sue is an individual one. Class actions against tobacco companies largely have failed because of the individual issues raised by individual harms caused by the use of tobacco. You are fortunate to have one of the preeminent tobacco lawyers in the country in your state. You should call Mike Kelly to discuss your claims.
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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. It's like trying to find a publisher for your novel.