What should you do if exposed to a pharmaceutical medicine, chemical, black mold, oil spill, asbestos, pesticides, or other toxic substance that causes you harm or injury? With the possible exception of claims that are solely covered by worker’s compensation, you might be entitled to file a lawsuit to seek compensation for your injuries.
“Toxic tort” lawsuit refers to personal injury claims that seek compensation for exposure to and harm from hazardous substances. A “toxic tort” is a lawsuit filed for damages brought about by exposure to a hazardous substance.
Common Toxic Torts Cases
According to the circumstances of the case as well as the legal argument the plaintiff is pushing, there are particular factors that the plaintiff must establish in a toxic tort lawsuit with the help of toxic torts attorneys.
Here are some frequent allegations made in toxic tort cases.
- Negligence,
- Strict Liability, and
- Fraud or Intentional Misrepresentation.
As was already mentioned, in order for the plaintiff to prevail in his claim on each of these various legal theories, he must establish a number of separate elements. However, a toxic tort plaintiff typically needs to demonstrate three crucial components. Namely, the substance was hazardous, the plaintiff had been subjected to it, and it had caused them harm or injury.
Depending on the degree and context of the exposure, liabilities in toxic tort claims might take many various forms. Some of them are listed below.
- Medical Expenditures: Healthcare expenses are frequently included in toxic tort damages since exposure to toxic substances frequently has negative health repercussions. These medical costs could include hospitalization, counseling, and the identification and treatment of their illness.
- Lost Wages: Another typical damage is lost wages for plaintiffs due to either short- or long-term injuries brought on by toxic substance exposure. Almost all courts permitting exposed victims to pursue toxic tort damages. This can include both lost wages in the past and diminished future earning possibilities.
- Pain and Suffering: It is challenging to quantify compensation for pain and suffering. Thus a jury will often reach a decision. Until and unless a “disabling consequence” of a hazardous exposure has occurred, many courts will not permit granting damages for pain and suffering. You must consult a toxic torts attorney as soon as possible
- Wrongful Death: A victim’s demise significantly damages toxic tort claims. The dependents still alive of a victim who has passed away may demand this kind of compensation. Damages for wrongful death claims primarily relate to the loss of a livelihood for the dependents brought on by the decedent’s death.
Conclusion
Tragically, harmful side effects may not manifest for years after exposure to a poisonous substance. Cancer, organ damage, brain damage, infertility, and birth deformities are some adverse outcomes of exposure to toxins.
Suppose you suspect you have been exposed to harmful pollutants at work or around your neighborhood and start exhibiting signs of trauma. In that case, you should immediately get legal counsel from a competent toxic torts attorney.