Have You Been Exposed to a Toxic Tort?
Toxic tort litigation stems from injury or harm resulting from exposure to a dangerous substance. These dangerous substances can be found in pharmaceuticals, chemicals, food, or even naturally-occurring substances, like lead or asbestos.
If you or a loved one suffers from serious injury due to toxic tort exposure, call the experienced Massachusetts toxic tort lawyers at the Attorney Injury Group at 617-934-7000 for help. We will investigate every detail your claim and work to seek the justice and compensation you deserve.
Our experienced toxic tort lawyers will fight to make sure that you receive the best medical treatment and get you the compensation you deserve following exposure to a toxic tort. We will make sure to hold the negligent party accountable and will fight for you.
Some of our areas of concentration include:
The specific burden of proof in toxic tort claims varies depending on the circumstances surrounding the case. Usually the plaintiff must be able to prove the substance was dangerous and that the exposure to the substance was what ultimately caused he/she harm.
A majority of the time, exposure is occupational, with primarily industrial workers exposed to toxins during the course of their work. Employers and manufacturers are usually aware of the known dangers employees face, but still fail to provide proper protection or give them adequate warning. For example, those exposed to Asbestos, with workers in trades like ship-building, construction, auto manufacturing and roofing being at a higher risk for asbestos related illness.
Pharmaceuticals are another known subject of toxic tort litigation due to the cause of unintended side effects. Many knowingly take a medication aware of certain risks associated with it and the degree of said risks. However, there are times where manufacturers fail to warn users of additional side effects associated with a medication.
One can also become exposed to toxic materials in the comfort of their home by unknowingly ingesting or breathing in toxic mold or lead, leading to upper respiratory tract infections and sometimes serious health complications. Homeowners, tenants, and employees who work and/or live in these spaces could be entitled to compensation for medical bills and other expenses incurred in these situations.
Lead materials can be found in consumer products we buy routinely. Lead can be found in paint products used on children’s toys causing kids to experience symptoms such as fatigue and stomach discomfort. In severe cases, children can suffer from neurological damage causing a permanent disability.
When foods are not properly prepared, stored or labeled one can suffer from food poisoning. The most common illnesses are a result of the food being infected with viruses, parasites and bacteria. If the consumption of food from farms, manufacturers, grocery stores, restaurants and other food providers results in a person sustaining food poisoning they may be subject to toxic tort litigation.
Silica is a known carcinogen that is naturally occurring and is found in soil, sand, granite and many other minerals. The most common form is crystalline silica which can be extremely problematic for those who work in trades involving concrete, stone, or brick. The Occupational Safety and Health Administration proposed new rules in August 2013 to limit the exposure of this substance to workers, however silica still remains a threat to some 2 million workers. Particularly the 100,000 or so engaged in foundry work, stone-cutting, rock drilling, abrasive blasting, tunneling and quarry work.
Overcoming Defenses in Toxic Tort
Defendants in toxic tort cases are most typically large companies or property owners and it’s often expected their defense will be vigorous.
Overcoming defenses often requires aggressive representation and meticulous legal planning. For example, many defendants will attempt to have a case dismissed for technical reasons, alleging the claim was not timely filed pursuant to applicable statute of limitations. Other times, they will allege proper notice was never given or that defendants aren’t properly named.
Another common defense tactic is to attack the issue of causation. For example, defendants will allege a plaintiff’s lung cancer was caused by smoking, rather than exposure to silica, or that it was exposure to another manufacturer’s products that resulted in a diagnosis of mesothelioma.
Companies will also argue that they complied with government standards regarding warning labels or the handling of certain chemicals or materials.
The fact that a plaintiff becomes very ill or even dies as a result of exposure to a toxic material is not enough to succeed in litigation. Plaintiffs must make sure claims are properly and timely filed (or that the statute of limitations was tolled) and that there is significant evidence of causation for each defendant in order to move forward.
Being familiar with both Massachusetts law and federal law with regard to toxic tort claims helps us to successfully challenge these assertions.
The Attorney Injury Group will fight aggressively to protect your rights. If you or a loved one have been exposed to a toxic tort call the experienced toxic tort attorneys at the Attorney Injury Group for help. Call us today at 617-934-7000 for a FREE, confidential consultation. When you call our experienced Massachusetts personal injury lawyers, we will investigate every detail of your case at no cost to you.
At the Attorney Injury Group, you will never pay an attorney’s fee up front and we don’t get paid until you do. Call today to learn how we may be able to help.
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