Toxic Torts: Lawsuits for Exposure to Toxic Materials

Most people have no idea if there are toxic chemicals in the air they breathe or the water they drink. There may be toxic chemicals in the consumer products we use or in the building materials where we live. Unfortunately, you may not know about toxic exposure until after developing injuries.

Toxic tort lawsuits allow you to recover financial compensation for injuries caused by hazardous chemical injuries. Damages include medical expenses, lost income, pain and suffering, and remediation cleanup. If you think you and your loved ones were exposed to toxic chemicals, contact an experienced personal injury lawyer for legal advice.

What Is a Toxic Tort?

A toxic tort is a civil wrong that causes harm due to hazardous chemicals or substances. A tort is a civil wrong where the injury victim can recover compensation for their injuries. Toxic injuries include exposure to dangerous chemicals, including groundwater contamination, air pollution, chemical exposure, and toxic gas. Examples of toxic chemical exposure include:

• Asbestos
• Fertilizer
• Benzene
• Chromium
• Lead
• Solvents

In many cases, the companies responsible for toxic exposure do not admit to doing anything wrong. Like in the film Erin Brockovich, the public may be suffering unexplained illnesses or cancer clusters. Only after investigation are the injuries explained. However, the companies still try and avoid liability. This is where a toxic tort attorney can help you recover compensation.

How Can You Prove Toxic Exposure Caused Your Injuries?

In a personal injury lawsuit, you generally need to prove causation. This involves showing a link between the toxic chemicals and your medical issues. You have to prove both that the chemical is capable of causing the injury and that the substances were responsible for causing your injuries. The defendants may try to show other factors that contributed to your injuries.

If someone suffers mesothelioma after asbestos exposure, an expert witness can testify that this rarely occurs without asbestos exposure. An expert witness in a toxic tort lawsuit is generally a scientist or medical professional with training, education, and experience in toxic exposure injuries.

Who Is Responsible for Toxic Exposure Injuries?

There may be multiple parties who share liability for toxic tort injuries. The company responsible for the exposure is generally responsible. However, a parent company may also be liable. If a negligent employee caused the dangerous exposure, the company may be liable for the employee’s negligence.

In a product liability claim, anyone involved in the chain of distribution can be liable for damages. For example, if your child was injured by lead exposure in a toy, you may be able to file a product liability claim against:

• The store that sold the toy
• The toy manufacturer
• The toy distributor

If you were exposed to hazardous chemicals on someone else’s property, the property owner may be liable for your injuries. For example, if a landlord does not take care of a toxic mold problem, they may be responsible for any injuries caused by exposure to the mold.

Can Workers Recover from Toxic Exposure?

Some jobs expose workers to toxic substances, which could cause long-term injuries. This includes exposure to asbestos, pesticides, and cancer-causing chemicals. Injured workers deserve to get compensation for their injuries. Some toxic exposure injuries fall under workers’ compensation instead of personal injury claims. Workers’ comp pays for medical treatment and partial wage replacement when a worker is injured on the job.

In other situations, the injured worker may be able to file a toxic tort action to recover compensation for their injuries. Talk to an experienced toxic tort law attorney about your rights to recover after suffering health problems from exposure to dangerous substances.

What Is a Toxic Tort Class Action Lawsuit?

A class action lawsuit is a type of claim where many people suffer similar injuries. For example, if contaminated groundwater causes an entire community to suffer side effects, the plaintiffs can join a class action lawsuit. A class action case can be more efficient for handling multiple cases. A mass tort claim may also allow the injury victims to unite to take on large corporations.

How Can a Personal Injury Lawyer Help With Toxic Tort Claims?

It can be challenging to take on large corporations that release toxic chemicals. These companies have their own toxic tort lawyers to fight claims by injury victims. An experienced toxic tort attorney can represent you to help you recover compensation for your injuries. Your attorney can help you get money to pay for medical bills, lost wages, pain and suffering, and loss of quality of life.

Ensure you act soon because the statute of limitations could limit how long you have to file a toxic tort lawsuit. If you have questions about toxic tort litigation after exposure to dangerous materials, talk to an experienced attorney for legal advice.