Toxic Tort Lawsuit: Wrongful Death Claims

Toxic tort lawsuits can involve wrongful death theories of law where the injury leads to the death of the injured party. A toxic tort occurs where a person suffers a personal injury due to the negligence of a corporation. Typically, a toxic tort injury is wide-spread and therefore impacts a large number of individuals. Consequently, the corporation is sued for the wrongful death of the individuals.

Common Types of Toxic Tort Lawsuits

There are many types of toxic tort lawsuits. These cases include the following:

lead paint claims
asbestos claims
breast implant claims
agent orange claims
thalidomide claims
toxic landfill claims
toxic waste disposal claims
radiation disposal claims
pesticide claims

Toxic Torts and Wrongful Death Claims

Generally, toxic tort lawsuits are based upon products liability theories of law. Therefore, if one sustains an injury, one alleges that a product caused the injury. When the toxic tort leads to death, the case is based upon a wrongful death. In such an instance, the injured party will claim that a company was negligent and that this negligence resulted in the wrongful death of the injured party. If one can prove that the company's negligence was the cause of the victim's death, one will typically prevail in the wrongful death toxic tort lawsuit.

Issues at a Toxic Tort Wrongful Death Trial

The primary issues in a toxic tort wrongful death trial will focus on the conduct of the company being sued. Initially, the issue will be the action of the company. Next, the issue is whether the company knew of the dangers of the product at the time the company engaged in the conduct which is the subject of the claim. Finally, the issue of whether the company's conduct caused the plaintiff's death will be examined.

Damages Available in a Toxic Tort Wrongful Death Case

There are different types of damages available to a plaintiff in a toxic tort wrongful death case. While every jurisdiction has different rules, the following are generally available in most jurisdictions:

lost wages
punitive damages (to deter the wrongdoer and prevent repetitive conduct)
compensatory damages

Getting Legal Help

If one has lost a loved one due to a toxic tort, one should consider consulting with an experienced personal injury attorney who specializes in toxic torts as soon as possible. An experienced attorney can not only review one's case in order to determine what options one may have available, but also the attorney can assess the matter in order to ascertain the most appropriate course of action presently available.

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