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Toxic Tort
Personal injury law encompasses a very broad field of law that covers a multitude of situations where one party has experienced harm due to the negligence or carelessness of another. Sometimes these cases are simple, having a definitive cause of the injuries sustained. For example, when a pedestrian is hit by a vehicle, the injuries that appear directly after impact have an obvious link to the accident.
However, some cases are much more complicated because the injuries may not occur immediately, as in most toxic tort personal injury cases. Toxic tort is a term that refers to several types of tort cases that have one thing in common: alleged injury due to exposure to a toxin (chemical).
These cases may include but are not limited to chemical exposure in the workplace or home, exposure to contaminated soil or groundwater, exposure to chemicals in the air due to the release of noxious chemicals or gases, asbestos exposure, lead paint exposure, and defective products.
Who is Responsible?
A toxic tort case can be brought against any number of defendants, including asbestos manufacturers, a landlord who didn’t make sure his property was free from lead paint, a company that dumped toxic chemicals into the groundwater, or the manufacturer of a product that contained a toxic component.
Most individuals affected by toxic fumes and chemical exposure will recover damages through a personal injury lawsuit with the assistance of an experienced Chicago personal injury lawyer or a premises liability lawyer, depending on the situation. However, there is one notable exception where a personal injury lawsuit cannot be filed-when a worker is injured by a toxin in the workplace. All work-related injuries, even when an employer is directly responsible, are handled through the workers’ compensation system.
Occasionally, in addition to workers’ compensation, a worker may be able to recover damages directly from the manufacturer of the toxic substance that caused the injury, as with asbestos manufacturers. Therefore, in certain cases, a personal injury lawsuit may be appropriate.
Why You Need a Good Attorney
Toxic tort cases are a bit more complicated than other personal injury cases for several reasons. One of the most problematic issues is the ability of the plaintiff to prove causation. In other words, the plaintiff must show that what the defendant did or did not do caused the injury and that the injury would not have occurred (or would not have been as serious) otherwise. This can be very difficult, as exposure to toxins often causes cancer or other health issues years after the exposure.
An experienced Chicago personal injury lawyer understands that there are several avenues to work around the causation problem, including expert medical testimony, evidence of excessive exposure, FDA recalls or public warnings, and other cases of similar injury due to the same type of exposure.
Shea Law Group
If you or someone you care about is suffering due to exposure to toxic fumes or chemicals, you may have a right to compensation. At Shea Law Group, we have handled thousands of personal injury cases, and hundreds involving exposure to toxins. We can help you understand your rights and help you achieve the settlement you deserve. Give us a call at (877)-365-0040 today.
