Toxic substances can cause serious sicknesses with long-lasting effects. Toxic tort cases are a specific type of personal injury lawsuit in which the plaintiff claims that being exposed to chemicals caused the plaintiff injury. The cases usually require specialized, technical testimony from expert witnesses. Sometimes cases are brought against private companies, or against federal and state agencies that have failed to protect citizens. Individuals who have been exposed to toxic chemicals often need to recover damages to pay for expensive medical bills, as well as damages for pain and suffering.
Toxic tort cases can be caused by exposure to hazardous chemicals, wastes, hydrocarbons, or other harmful substances. Some common examples are exposure to asbestos, formaldehyde, and lead. These cases can arise in a number of different situations. They can arise from exposure in the workplace if workers are exposed to toxic chemicals. Many toxic chemicals are used in the workplace, and workers can be exposed regularly over many years, often to higher levels than the general population.
These cases can also be brought against pharmaceutical companies, drug manufacturers, distributors, or prescribing doctors if toxic substances are included in drugs. Cases can be brought resulting from exposure to consumer products, such as exposure to mold, formaldehyde, and pesticides in the home. They can also result from exposure to toxins in the air or in drinking water.
Proving causation can be challenging in toxic tort cases. Often, the injuries take a long time to appear after the initial exposure. For example, lung diseases from asbestos exposure can take 20 or even 30 years to develop. So it can be hard to demonstrate that the disease resulted from toxic exposure. Another concern is the statute of limitations, which can bar some individuals’ claims after a certain number of years have passed.
Woman Awarded $20.6 Million in Toxic Tort Case
According to one news source, a woman sued a company after being exposed to a carcinogen in her home. According to the plaintiff, the company, FAG Bearings, dumped a chemical, trichloroethylene, on its property. The company had used the chemical to clean metal parts, and it began dumping the chemical on its property in the 1970s. Afterwards, the chemical seeped into the ground and into local wells.
The plaintiff said that her mother was exposed to the chemical when she was pregnant. She also played in soil contaminated with trichloroethylene as a young girl. The chemical can enter a person’s body by breathing contaminated air or by drinking contaminated water. It can cause cancer, nervous system changes, unconsciousness, and even death.
The woman was diagnosed with autoimmune hepatitis in 2002. She was diagnosed when she was 14 years old, and the disease caused her permanent disabilities. She suffered long-lasting effects, including having to use chemotherapy drugs and requiring a liver transplant. After the case went to trial, the jury found in her favor, and she was awarded $20.6 million.
Have You Been Exposed to Toxic Chemicals?
If you have been exposed to toxic chemicals, whether at work, at home, or elsewhere, you may be able to file a toxic tort case. Our goal at Moll Law Group is to inform consumers of potentially dangerous products and help individuals who have been injured file claims. Billions of dollars have been recovered in cases in which we were involved. If you believe you may have been a victim of exposure to toxic chemicals, call us at 312-462-1700 or fill out our consultation form to arrange a free initial consultation.
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Court Considers Causation Issues in Defective Gun Case, Illinois Injury Lawyer Blog, March 8, 2016.