A toxic tort is a type of personal injury claim based on exposure to hazardous materials or substances. Toxic torts can cause physical injury, as well as property damage, illness, and even death. Experienced mass torts lawyers explain that examples of toxic torts include damages from lead poisoning, asbestos exposure, chemical spills, oil spills, and air and water pollution. When an individual is exposed to these hazardous materials, they can suffer serious medical conditions due to the exposure, which can lead to significant medical treatment and treatment costs.
Lead poisoning is one of the most common toxic torts and occurs when an individual is exposed to an excessive amount of lead. This exposure can happen through inhalation, digestion, or absorption through the skin. It can also happen through contaminated soil, water, dust, and lead-based paint. Lead poisoning is commonly caused by lead-based paint exposure. Many old houses and buildings constructed before 1978 still contain lead-based paint and people living or working in those buildings can be exposed to lead if the paint chips or peels and if the dust is not properly cleaned up. Lead poisoning can lead to serious long-term health problems, such as developmental delays, neurologic changes, kidney damage, reproductive health issues, and at high levels, death.
Asbestos exposure is another type of toxic tort. Asbestos is a mineral fiber that was widely used in construction until it was found to be linked to respiratory diseases and cancer.
Oil spills are also considered toxic torts in personal injury law. When an oil spill occurs, individuals may be exposed to toxins in the air, water, and soil, which could lead to health problems.
Air and water pollution can lead to serious health problems and are commonly named in toxic tort lawsuits. Air pollution can cause respiratory illnesses, while water pollution can lead to digestive problems and skin irritation.
These are just a few examples of the types of toxic torts that are commonly associated with personal injury law. If someone has experienced health issues or damage to property due to a hazardous material or substance, they should consider consulting with an experienced personal injury lawyer. A skilled lawyer can help them understand their rights, build a strong case, and help secure compensation for their damages.
If you have been injured due to exposure to hazardous materials or substances, a personal injury lawyer can help you get compensation for the injuries you sustained and other losses you’ve suffered due to the exposure.
To bring a successful toxic tort claim, your lawyer must establish the connection between your injuries and the hazardous material or substance to prove that negligence was involved. Depending on the circumstances or state in which the exposure occurred, your lawyer may need to demonstrate that the defendant knew or should have known about the presence of the hazardous material or substance and that they failed to take proper measures to address the issue.
It is important to meet with a lawyer as soon as possible following the exposure to hazardous materials or onset of symptoms as they can advise you of any filing deadlines that need to be met. Failing to meet deadlines can prevent you from securing compensation for your injuries and losses.
Thanks to Eglet Adams for their insight on toxic torts and personal injury law.