We are exposed to small amounts of toxins everyday, whether we realize it or not. Products with probable carcinogens are on our shelves for years before being pulled, lead may be in our paint or drinking water, and asbestos has probably affected someone in everyone’s family.
A recent article in the New York Times, for example, put childhood-favorite Quaker Oats in the spotlight for allegations that their products contain glyphosate, a pesticide. Let this serve as a reminder that there are possible toxins in every facet in our lives; if we become ill due to exposure to these toxins, there is an opportunity for legal recourse.
Toxic Tort Claims
Toxic tort claims arise out of allegations that exposure to a certain chemical or toxin caused an injury. Toxic tort claims can be difficult to win, since the burden is on the injured party to prove that the injury was, in fact, caused by exposure to the toxin and not caused by an external factor.
The most common toxic tort claims involve asbestos litigation– prolonged exposure to asbestos, usually in working conditions, almost invariably caused mesothelioma in workers throughout the 1970s and 1980s. Only now are some of these illnesses coming to light. Prolonged exposure is a unique characteristic of toxic tort litigation.
With “typical” personal injury actions, the injury happens right in front of you– a person may break their leg or have a head injury. Toxic tort cases can involve individuals going weeks, months, years, or even decades without realizing the magnitude of their illnesses until it is too late.
How Can a Lawyer Help Me?
An experienced toxic torts attorney can help you navigate your case from start to finish, whether you think you may have a claim or already have a diagnosis you believe is attributed to exposure to a toxin.
If your illness was due to exposure to a chemical at work, you may be entitled to receive workers’ compensation insurance payments from your employer. Alternatively, a personal injury claim may be brought alleging that the cause of your illness is the exposure to a certain chemical.
If death occurred as a result of the toxic exposure, the surviving family may be able to bring a wrongful death action and receive compensation due to the negligence of the company, person, or entity that caused the exposure. Whether you have been exposed to a dangerous chemical for a short time or if your illness is due to prolonged disclosure, there are many legal remedies available to you and your loved ones to attempt to rectify the damage caused.
San Diego Toxic Tort Lawyers
At Injury Trial Lawyers, APC, our knowledgeable toxic tort litigation attorneys have the experience necessary to sustain even the most complex toxic tort cases.
Even if you have other health conditions, your injury was comparatively “minor,” or if you are just now suffering effects from exposure long ago, we can help navigate your claim. Contact attorney Richard Morse III at (619) 525-7007 to learn more today.