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Miami Medical Malpractice Lawyers > Florida Tobacco Litigation Lawyer

Florida Tobacco Litigation Lawyer

Product Liability Attorneys Handling Tobacco Litigation Throughout South Florida

For years, smokers and their families have been filing lawsuits against tobacco companies for producing addictive products and concealing such hazards from the public. Generally, tobacco lawsuits fall under product liability claims.

As of now, there is no class for cigarette lawsuits, but if an individual plaintiff can prove that they have suffered nicotine addiction, which has led to a smoking-related illness or disease, he or she may be able to file a lawsuit against the responsible tobacco company.

Has your loved one developed an illness due to a nicotine addiction after using cigarettes? If so, we urge you to call our Florida tobacco litigation lawyers at Freidin Brown, P.A. today. We provide free, fully confidential consultation and if we don’t recover compensation for you, you don’t pay a penny.

Common Smoking-Related Illnesses and Diseases

Although they were hidden by the major tobacco companies for many decades, the dangers of smoking are now well-established science. Unfortunately, far too many people became addicted to cigarettes and other similar tobacco-related products before all of the health risks were fully accepted. According to the American Lung Association, smoking cigarettes can lead an individual to develop and suffer from a wide range of illnesses and diseases, including:

  • Lung cancer
  • Chronic obstructive pulmonary disease
  • Heart disease
  • Stroke
  • Asthma
  • Reproductive effects in women
  • Premature / Low birth-weight babies
  • Diabetes
  • Blindness, cataracts, and age-related macular degeneration
  • Other types of cancer (Colon, Cervix, Liver, Stomach and Pancreatic Cancer)

There have been several “waves” of tobacco litigation in the United States, including in the 1980s and 1990s. For the most part, the product liability claims filed against tobacco companies centered on the industry’s negligence, such as its failure to warn consumers about the dangers of its products and its overreliance on highly addictive substances.

Common Reasons for Recent Tobacco-Related Lawsuits

Drugwatch.com reports that while many of the first tobacco lawsuits, which emerged around the late 1950s, were unsuccessful, many lawsuits that have emerged since 1994 have found much success. Now, many lawsuits are filed against tobacco companies for the following reasons:

  • Fraudulent marketing
  • Marketing to underage persons; and
  • Conspiring to conceal the health effects of smoking cigarettes.

The Next Wave of “Tobacco” Litigation?

Technically speaking, e-cigarettes, such as Juul devices and other vaping products, generally do not contain tobacco. However, the United States Food & Drug Administration (FDA) still classifies    electronic cigarettes as tobacco-related products for the purposes of regulation. Further, there have been many health and safety questions raised about vaping and e-cigarettes, especially as it pertains to their marketing towards teenagers and children. There may be a new wave of tobacco litigation starting against the manufacturers and markets of major vaping companies. As an example, Juul recently settled a lawsuit with the State of North Carolina for $40 million.

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

In general, tobacco litigation falls under product liability law. When a consumer can hold a product manufacturer, marketer, or retailer legally liable for injuries or illnesses caused by a dangerous and defective product, they can seek financial compensation for the full extent of their damages. That being said, the big tobacco companies and their insurers fight aggressively to minimize payouts even after liability is established. At Freidin Brown, P.A., our Miami, FL product liability lawyers are focused on helping victims and their families maximize their recovery. Compensation may be granted for the following types of losses:

  • Emergency medical treatment;
  • Other health care bills and expenses;
  • Required medication or medical devices;
  • Loss of current and future income;
  • Pain and suffering;
  • Permanent disability or disfigurement; and
  • Wrongful death.

The Engle Tobacco Case

In 1994, a class action lawsuit was filed against tobacco companies after the represented class, made up of Florida citizens, suffered from various smoking-related illnesses. The jury returned a verdict for the smokers, which included $145 billion in punitive damages. After tobacco companies appealed this original verdict, the case was taken to the Florida Supreme Court. The Court ruled to allow members of the original class to file cases individually, permitting issues already decided in the class action suit to hold true for the separate lawsuits. This included findings that tobacco products are addictive, dangerous, defective, and the cause of various diseases. Additionally, tobacco companies were held liable for fraud, conspiracy, and negligence. The results of the Engle Tobacco Case may lead to continued successful lawsuits against tobacco companies.

Have You Developed an Addiction and Illness Due to Cigarettes? We Can Help

Tobacco litigation is complicated—especially in the modern climate as the major class action claims have been resolved. If you are considering taking legal action against a negligent tobacco company, you do not have to go through this alone. Professional help is available. At Freidin Brown, P.A., we have experience handling tobacco-related cases. Our Florida tobacco litigation attorneys are:

  • Highly experienced in complex product liability claims;
  • Focused on providing the highest representation to our clients; and
  • Equipped with the knowledge and skills it takes to obtain successful results for you.

When you entrust your case to our team, we will examine every detail associated with your condition, the products that may have caused you harm, and the various legal strategies that can help you pursue monetary compensation in the shortest amount of time possible. As we handle tobacco litigation claims on contingency, you never have to worry about out-of-pocket costs. 

Contact Our Florida Tobacco Litigation Lawyers for Immediate Help

At Freidin Brown, P.A., our Florida product liability attorneys have the professional skills and legal expertise to represent clients in tobacco litigation claims. If you or your family member suffered harm as a result of addiction to tobacco, we are here to help you understand your legal rights and legal options. To discuss your condition with a Florida tobacco litigation lawyer, contact us today for a free, strictly confidential initial consultation. From our legal offices in Miami and Fort Myers, we provide tobacco litigation services throughout South Florida.

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