Toxic Exposure
FAQ

WHAT TYPE OF TOXIC SITUATIONS GIVE RISE TO TOXIC EXPOSURE CASES?

Toxic conditions that give rise to legal cases can be chemical, physical, mechanical, or biological in nature. Most toxic cases involve a chemical agent that causes human beings significant injury when they are somehow exposed to the toxin.

WHO CAN SUE FOR TOXIC EXPOSURE?

Any person injured as a result of a toxic exposure, no matter how long or how short the exposure, how direct or indirect the exposure, can sue if they are able to establish that some person, company, or entity is at fault for the exposure and plaintiff can establish actual damages from the exposure.

IF I HAVE BEEN THE VICTIM OF TOXIC EXPOSURE, WHO CAN I SUE FOR MY DAMAGES AND DAMAGES TO MY FAMILY?

There are a number of potential defendants who can be held liable in toxic exposure cases depending upon the type of toxin and the type of exposure. You can sue anybody who wrongfully causes your toxic exposure which, depending upon the case, can include chemical manufacturers.

WHAT ARE SOME OF THE COMMON ILLNESSES ARISING OUT OF TOXIC EXPOSURE CASES? WHAT TYPE OF TOXIC SITUATIONS GIVE RISE TO TOXIC EXPOSURE CASES?

Toxins can affect every portion of our bodies and bodily functioning. Frequently, toxins cause respiratory distress, skin disease, stomach problems, neurological defects, injury to the immune system and cancer.

WHAT DAMAGES CAN I RECOVER IN MY TOXIC EXPOSURE CASE?

An injured plaintiff is entitled to recover all of his or her past and future medical expenses, past and future loss of income/earning capacity, suffering, and emotional distress and in cases in which the defendant’s conduct is particularly negligent, punitive damages are the exemplary damages which are awarded to punish the defendant.

HOW SOON MUST I BRING MY TOXIC TORT CASE?

There is no simple answer to this question. The statute of limitations in toxic tort cases is extraordinarily complex because in many toxic tort cases, there will be a long exposure to a toxic substance, a long period in which your disease or injury slowly developed to the point of being perceptible, and a not infrequent time gap between the time you began suffering from your injury and the time that you realized that it may have been caused by a toxin.

WILL MY TOXIC EXPOSURE CASE SETTLE OUT OF COURT?

Toxic tort cases are some of the most frequently tried cases. If you are the victim of a clear toxic event, such as a refinery explosion in which there are hundreds or thousands of other plaintiffs banned together, then your case will probably settle. If your case involves a more subtle toxic exposure with a number of people who are similarly situated to you not suffering from any disease or injury, your case may be more likely to go to trial. There is definitely strength in numbers in toxic exposure cases.

DO I NEED TO RETAIN AN ATTORNEY IN A TOXIC EXPOSURE CASE?

Absolutely. If there is already a class action underway, you may wish to become part of the class and retain the attorney representing the class. Otherwise, you will have to seek private consultation and hopefully be able to find an attorney who is willing to take on your case.