Toxic Tort FAQs: Exposure to Harmful Chemicals and Substances

There are many types of personal injury claims, it can cover motor vehicle accidents to medical malpractice complaints. Toxic Tort is a popular type of personal injury lawsuit wherein the complainant seeks compensation for an injury or disease sustained as a result of chemical exposure.

A good example of a toxic tort is the case of Tellez vs. Dole Food Co., the first sterility case amongst thousands of claims filed by DOLE workers in Central America after exposure to a pesticide chemical dibromochloropropane or DBCP. It is currently pending appeal in California while another batch of toxic torts lawsuits where dismissed by California 2nd District Court of Appeal Judge Victoria G. Chaney, overturning a $2.3-million verdict against Dole.

Clearly, toxic torts are complicated and very difficult to litigate. This is why it is important to hire an attorney who knows the ins and outs of toxic torts. Here are some of the facts your lawyer should know about toxic torts:

• There are generally two types of toxic tort cases: pharmaceutical toxic torts and occupational toxic torts. However, due to the increasing pollution and harmful substances in the environment, some lawyers have begun filing environmental toxic tort cases.
• Complainants can be exposed to toxic chemicals from pharmaceutical drugs, consumer products, from the environment and at work. Chemicals can be inhaled, ingested, injected into the body, or absorbed through the skin.
• Industrial workers have a higher risk of getting exposed to toxic chemicals. They are the group most likely to develop disease or get injured from chemical exposure than the general population.
• When drugs or medicine cause a person to become ill because it is toxic, the case is most likely to develop into a mass toxic injury case as drugs are more likely to be consumed by thousands of people.

Here are the some of the chemicals and substances which are usually the subject of toxic tort cases:

• Asbestos
• Benzene
• PCBs
• Pesticide
• Lead-based paint

Effects and injuries which can be caused by exposure to toxic chemicals can be varied as it would oftentimes depend on the toxin’s properties as well as the nature and extent of the individual’s exposure to it. Here are some of the most common negative effects of exposure to toxic chemicals:

• Various types of cancer
• Respiratory injuries like pneumonia, bronchitis, lung cancer
• Birth Defects
• Sterility
• Leukemia
• Mesothelioma

Toxic torts can be difficult to prove as in order for your claim to succeed, the connection between exposure to a toxic chemical and your resulting injury or disease would have to be proved. This may prove to be challenging as some of the effects of exposure to harmful chemicals may take years before it manifests. Thus, choosing the right attorney to handle your toxic tort case is of paramount importance.