Answer:
I would want to use evidence provided from doctor, evidence provided that she smoked cigs, and evidence that the cigs killed her.
I think if you went before a jury, they would automatically judge you and say that you knew better. When just bringing it before the judge, you could provide the facts, make your points, and get some financial compensation.
Step-by-step explanation:
She will probably never get all the money back in compensation that she spent on cigarettes.