A recent ruling made by the California Supreme Court is a turning point for many smokers who have developed injuries because of smoking but failed to file a personal injury lawsuit in time to meet the 2 year period imposed by the Statute of Limitations. Under the law in California, plaintiffs have the right to file a personal injury lawsuit within 2 years from the discovery of the injury.

In the case decided by the Supreme Court, they allowed Nikki Pooshs, a former smoker to sue the tobacco industry for her lung cancer although she has previously been diagnosed with smoking related injuries prior to her lawsuit.

Pooshs, a long-time smoker, filed a lawsuit for damages claiming for medical and economic costs as well as pain and suffering after she was diagnosed with lung cancer in 2003. According to her, the tobacco industry gave misleading information about the dangers of smoking and how it can be addictive.

Back in 1989, Pooshs was diagnosed with chronic obstructive pulmonary disease and a few years later, was again diagnosed with periodontal disease because of her smoking. Cigarette markers claimed that Pooshs’ suit should have been dismissed because the Statute of Limitations has already lapsed since she discovered her injury as far back as 1989 so she should be barred from suing.

But it was held by the state’s highest court, through Justice Joyce Kennard’s words, “…that two physical injuries — both caused by the same tobacco use over the same period of time – can, in some circumstances, be considered ‘qualitatively different’ for determining when the clock begins ticking on legal deadlines.”

This means that even if Pooshs’ had a prior tobacco-use related injury but failed to sue because of it, her lung cancer is a separate and distinct injury from the former and therefore, has its own time limit upon discovery.

The ruling on Pooshs’ case is particularly significant because it would give smokers who previously cannot sue for lung cancer if their medical records show that they had earlier been diagnosed with any smoking-related ailment such as smoker’s cough.

Personal injury lawsuits have a 2-year Statute of Limitations so if you or a loved one suffered an injury because of negligence or a dangerous product, time is of the essence if you want to recover compensation for your injuries or losses.

Talk to a personal injury attorney as soon as you’re able if you or a loved one was hurt in an accident or by a defective/dangerous product. For a free case analysis visit the Mesriani Law Group’s website http://www.mesrianilaw.com.