From the products we use to the water we drink, we trust many household and workplace items to be free from harm. Unfortunately, many people suffer life-altering injuries each year as a result of defective or dangerous substances, and some victims may even die as a result.
At Case Barnett Law, we're proud to represent accident victims injured due to toxic substances. With our help, you may be able to get compensation for your medical bills, lost time from work, pain and suffering, and other legitimate costs of your chemical or pharmaceutical injury. Call us today for a free, no-obligation evaluation of your case.
What Is a Toxic Tort Claim?
When people are hurt by a defective product, they have the right to file a product liability lawsuit against the manufacturer for payment of their injury costs. Similarly, a victim who suffered illness, infection, or other injury from exposure to a hazardous substance may file a special kind of product liability suit called a toxic tort claim. These cases allow victims to hold a negligent party liable for the harm caused by a prescription drug, chemical, mineral, or other toxic substance.
Our law firm handles many different kinds of toxic tort claims.
Asbestos was once used in everything from clothing to building materials, but once this flame-resistant mineral was linked to the development of cancer, its use shifted to industrial applications.
Unfortunately, this placed workers at risk of mesothelioma—an aggressive form of cancer that affects the lining of the lungs and other organs. One of the problems with asbestos injury cases is that mesothelioma may take decades after initial exposure to show symptoms, and victims often need help gathering evidence of exposure in the workplace.
Drug manufacturers have a duty to make their products as safe as possible for consumers. However, some drug companies will place profit above public welfare, continuing to sell medications known to be harmful. Medications that cause harmful side effects, contaminated during manufacturing, or marketed improperly can all be the subject of a toxic tort.
A victim can suffer dangerous chemical exposure little by little each day, or at an extreme level all at once. Most cases of occupational exposure involve an employee exposed to toxic substances at low levels over months or years, such as industrial solvents. People who suffer exposure to consumer products, such as cleaning agents or pesticides, are often unaware of the dangers until they show signs of illness.
Common injuries that can result from exposure to dangerous substances include blindness, cognitive problems, and the development of cancer.
While most forms of mold are harmless, some strains produce tiny molecular toxins that can cause severe health problems in humans. Renters and homeowners may suffer injuries due to exposure to toxic mold. In this environment, people are breathing in the spores and eating foods that may be contaminated on a daily basis, increasing the risk of injury.
Toxic pollution occurs when another party has contaminated the groundwater beneath your home or land. There are many entities that can be held liable for this kind of contamination, such as a city or state government, industrial company, a tenant on your land, or a previous owner of the property. In addition to injury costs, a contaminated water supply can mean thousands of dollars in clean-up costs, as well as lost land value and increased well treatment expenses in the future.
Air contamination is dangerous because it's nearly impossible to escape the effects of the toxin. Industrial companies may release harmful gases or substances into the air without proper warning to the surrounding populace, exposing it to a risk of deadly diseases that take decades to manifest.
When Are California Victims Eligible to File Toxic Tort Claims?
Generally speaking, you may be eligible to file a lawsuit if exposure to a toxic product caused you to suffer medical bills or lost wages in excess of $2,000. The specific circumstances of your case will matter a great deal when it comes to awarding compensation for your injuries. For instance, many victims are able to recover punitive damages for pain and suffering in addition to compensatory damages, and may even be able to have the negligent party pay for their attorney fees.
Before you decide to file a toxic tort claim, you should know a little bit about what to expect when you file your case. Our firm differs from other personal injury law firms because we're dedicated to getting the best possible settlement, whether it takes place inside or outside of a courtroom. While other attorneys may not have any experience going to court, we're ready to take the claim all the way to trial, if necessary.
We assist you through all phases of the legal process, including:
- Preparing for trial. As with all injury claims, taking a case to court is a time-consuming event. After you have filed suit, it can take anywhere from six months to over a year before a trial date is set.
- Undergoing discovery. While awaiting a court date, the attorneys in the case begin a process called discovery. Discovery involves taking statements from both sides of the claim, gathering documents and information, and sharing of relevant evidence in the case.
- Negotiations. The majority of injury lawsuits are settled before going to trial because it's easier and faster for both parties. However, settlement negotiations are based on how much the claim could be worth by going to trial—and it will take a skilled attorney to negotiate a fair value for your claim. If you choose to accept a settlement, the case is considered closed. If you decide to take the case to trial, you have the opportunity to be awarded higher compensation by a jury.
- Proceeding to trial. We prepare all cases as if they will go to trial because we're trial attorneys by trade. We'll walk you through litigation and counsel you on each step of the process, and we don't collect any fees until we obtain a successful recovery for you.
Case Barnett Law is built on providing fair and ethical counsel to all of its clients, as well as remaining available to clients throughout the progress of the case. If you want your claim handled by straightforward attorneys with trial experience and no hidden agenda, simply fill out the contact form on this page to set up your free and confidential initial consultation.