Smoking and Your Claim

Mesothelioma develops in the lining around the lungs, abdomen or heart. Medical research links it closely to asbestos exposure, not to smoking. Smoking is a major cause of lung cancer, which is a different disease that starts in the lung tissue itself. Because the causes are different, a smoking history doesn't explain a mesothelioma diagnosis. This distinction is well established, and pathology reports confirming mesothelioma help make it clear in a claim. Your medical team can explain the difference in more detail if you have questions. Keep a copy of it with your case records.

Defendants routinely ask about smoking as part of discovery. They may be checking for other health conditions, trying to affect damages, or testing the diagnosis. In some cases, they may argue that breathing problems or other symptoms were related to smoking. These questions are expected. Your attorneys will prepare you for them. The key is to answer truthfully, including when you started, how much you smoked and when you quit, if you did. If you smoked only briefly or quit decades ago, say that plainly. Your attorneys can place your history in context and explain why it doesn't change the connection between asbestos and mesothelioma.

Smoking becomes a bigger issue in claims involving asbestos-related lung cancer, where both asbestos and smoking can contribute. In those cases, smoking may affect how responsibility and damages are evaluated. For mesothelioma claims, it's usually a minor factor. If you have more than one diagnosis, such as mesothelioma and another lung condition, your attorneys will explain how smoking history might be viewed for each. Be sure your legal team has your full medical history, including any other diagnoses, so each condition can be discussed accurately. Your doctors can also help explain which condition is causing which symptoms, which keeps the record clear for everyone involved in the case.

1. 1

   Write down when you started smoking, how much, and when you quit, if applicable.

2. 2

   Keep your pathology report handy, since it confirms the mesothelioma diagnosis.

3. 3

   Tell your attorneys about any other lung or breathing conditions you've had.

4. 4

   Answer smoking questions honestly during written discovery and at your deposition.