Toxic tort litigation is a complicated legal process. Because injuries caused by toxic torts often do not surface until years, even decades, after exposure...

Toxic Tort Law: Asbestos, Mesothelioma, Toxic Waste, and More - Ask a Personal Injury Lawyer

Thanks to ever-increasing industrialization here in the United States - which has been supplemented by inaccurate testing, corporate greed, improper disposal of dangerous substances, and insufficient governmental regulation - the amount of toxic materials in our air, water, food, cosmetics, home, and bodies has reached unhealthy levels. Ranging from toxic mold, lead paint, poisonous cosmetics, chemicals, and asbestos to radiation, pesticides, electro-magnetic fields, cigarette smoke, thimerosal, and toxic waste, these substances can cause serious injury, including cancer and even death. If a toxic material has contributed to your illness, you are most likely eligible for compensation. Read on to learn more about toxic tort litigation, what you can do if you have been affected, and how to contact a personal injury lawyer.

Toxic Torts: What They Are

A toxic tort is a tort (or injury) caused by a toxic material or substance. Such materials, often released into the air or water by nuclear factories or into the ground once dumped into carelessly lined or unlined landfills, are frequently linked to lung cancer, leukemia, brain and other organ damage, and birth defects. Victims of such injuries are usually exposed on the job, during leisure activities, and in their homes. And sadly, there isn't much they can really do to prevent exposure - rather, it is up to corporate America and the U.S. Government to step up prevention control measures.

However, you can be compensated for these injuries even if you could not prevent them. If you have been a victim of toxic exposure, you can file a toxic tort personal injury lawsuit. If the court finds that your injury is directly linked to exposure to a toxic substance, you and your family may be awarded compensation to cover your medical costs and emotional trauma expenses. Further, chances are that you are not the only victim of exposure - it is extremely rare for a toxic material to affect just one person. Often , toxic tort cases are brought forth as class action suits because of the large number of plaintiffs.

Toxic Tort Litigation

Toxic tort litigation is a complicated legal process. Because injuries caused by toxic torts often do not surface until years, even decades, after exposure - such as in the case of mesothelioma a lung disease caused by inhalation of asbestos- these cases can be difficult to prove. Plaintiffs must demonstrate that they were exposed to the substance and that it caused the adverse effects and injuries they now experience. This is difficult to do in itself, but when faced with unethical corporations that destroy pertinent evidence, medical experts, hired by defendants, who attest that there is no correlation between exposure and injury, an defendants set out to prove that the plaintiffs are hypochondriacs or insane, it can be become extremely harrowing.

Fortunately for victims, however, plaintiffs in toxic tort cases do not need to prove their cases beyond reasonable doubt, as is needed in criminal cases. They instead need to prove only that their claims are more likely to be true than not. That said, do not be discouraged from seeking legal representation from an experienced, qualified personal injury lawyer.

Common Subjects of Toxic Tort Litigation

The following is a list of materials that are often involved in toxic tort litigation:

Asbestos

Asbestos causes respiratory and gastrointestinal disease, as well as a type of deadly cancer known as mesothelioma. plaintiffs involved in these asbestos-related cases are usually workers at mines, factories, shipyards, refineries, and construction sites. However, in the majority of cases, indicators of such diseases do not show up until many years after exposure to asbestos. For more information about asbestos, visit our asbestos and mesothelioma page.

Chemicals and Cosmetics

Household chemicals such as disinfectants, industrial chemicals such as solvents, and cosmetics such as makeup are often the subject of toxic tort cases. Children are the most likely to be affected by these chemicals.

Hazardous / Toxic Waste

Improper disposal of hazardous/ toxic waste created by modern industry can lead to groundwater contamination and exposure to toxic material.

Medical Products and Devices

Medical products such as equipment, blood, surgical implants, prosthetic devices, and hospital furniture can all be the subject of toxic tort litigation.

Pesticides

Pesticides are used to repel pests such as mice, insects, weeds, fungi, and molds. Humans can be exposed to pesticides in the home or at work (gardeners or farmers).

Defective Drugs

Defective drugs are often the subject of toxic tort litigation. Examples of defective drugs currently involved in litigation include: Fen Phen, Rezulin®, and Baycol®.

Radiation and Electromagnetic Energy

There has been some evidence to suggest that electromagnetic fields (EMFs) can cause leukemia and other cancers. Plaintiffs involved in this type of toxic tort case are usually those who work around high-current electrical equipment or live around high-tension power lines.

Tobacco

Tobacco and cigarettes have been linked to a number of smoking-related diseases, from emphysema to lung cancer.

Toxic Mold

Toxic mold has been linked to a number of health problems, including chronic headaches and nosebleeds, as well as cognitive difficulties. Toxic mold invades the home as a result of water damage.

Thimerosal

Thimerosal is a preservative used to prevent spoiling in over 30 common vaccines. Thimerosal contains two types of mercury that many people believe cause autism in young children. The Food and Drug Administration (FDA) and the Centers for Disease Control (CDC) have recommended a gradual withdrawal of Thimerosal from vaccines.

How To Minimize Exposure to Toxic Torts

Unfortunately, in many cases, the effects of toxic torts cannot be reversed. That's why it is in you best interest to try and minimize exposure on your own. Here are a few tips for keeping risk low:

Do not purchase or rent a home near a chemical plant, rail yard, oil refinery, landfill, or body of water that flows by any of these places
Avoid rooms with lead paint, particularly if you have young children
Have a building thoroughly inspected for toxic substances - from mold to asbestos - before you move in
Carefully read all the ingredients of cleaning products, etc. Properly discard of all products containing dangerous substances
Consult with your doctor about the risks of working around such products
Do independent research at the library, through the Department of Public Health, etc.

What to Do If You Have Been Injured By a Toxic Tort

If you believe you have been harmed by a toxic tort, such as thimerosal, asbestos, pesticides, toxic waste , or tobacco, and would like to file a personal injury lawsuit, it is in your best interest to hire a personal injury attorney who specializes in toxic tort litigation. A personal injury lawyer can help you file a legitimate claim, observe the statutes of limitations, and complete the necessary paperwork, and understand the differences between punitive and compensatory damages. Most likely, should you win your toxic tort litigation case, you will be eligible for the following types of damages:

Loss of wages
Emotional trauma
Pain and suffering
Permanent Disability
Mental limitations or anguish
Potential future income loss
Profit loss
Medical costs
Interest on money withheld
Replacement of destroyed or damaged property

To learn more about toxic torts and toxic tort litigation, consult a personal injury lawyer in your area.

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