Toxic torts litigation involves lawsuits filed against individuals or entities for exposing a person or group to toxic materials or chemicals. This exposure is usually due to the entity’s carelessness or negligence and can take several forms.
Because a toxic tort is a civil offense, you require professional representation. The Los Angeles car accident attorneys at El Dabe Ritter Trial Lawyers can handle your litigation and help you acquire maximum compensation or remedy for your misery.
Toxic Torts in California
Over the years, there have been significant technological and scientific advancements in the American corporate industry. Following this growth, the number of toxic materials and substances in the environment has increased immeasurably.
Fortunately, the state of California has since adopted several laws to protect its residents against intentional exposure to these toxins.
Proving a Toxic Tort Claim
Your exposure to a toxic substance and the resulting harm are the most critical elements of litigations on toxic torts. Without these aspects in place, your case could be thrown out. The attorneys at El Dabe Ritter Trial Lawyers can help build your case by collecting records and evidence to link you to a tort.
To prove a toxic torts case, you need to prove that your contact with harmful substances was due to someone else’s negligence. You must also show that:
- The material or substance involved was dangerous.
- You were exposed to the substance.
- The substance caused you harm.
Proving a toxic tort case can be hard if a lot of time has passed since your exposure. Along with having trouble proving causation, the defense could use other intervening factors that came after your exposure to explain your injuries.
Statute of Limitations
Each state has a statute of limitations. The passage of time could also bar you from making your case. Toxic tort claims may also require the testimony of experts in fields such as:
- Epidemiology
- ·Medical toxicology
- Chemistry
- Immunology
- Physics
The length of your toxic tort case is dependent on all these factors and your legal counsel.
Toxic Tort Substances
If you are exposed to these harmful substances, you are liable for compensation. Speaking with a toxic torts attorney can help you recover your lost time, money, and morale. It could also help with any medical bills as you get treatment for your injuries.
Toxic torts litigation cases often derive from home exposure, occupational exposure, pharmaceutical drugs, or consumer products. Claims can be brought against entities like:
- Oil companies
- Chemical companies
- Manufacturers
- Wholesalers
- Distributors
- Retailers
- Drug manufacturers
- School districts
Some of the most common toxic materials and substances involved in toxic tort cases include:
- Asbestos — Restrictive lung disease, lung cancer
- Pesticides like DDT — birth defects
- Lead-based paint — brain damage, especially in children
- Dry cleaning solvents — major organ damage, brain damage
- Electromagnetic fields from major appliances or utility wires — possibly cancer
- Toxic landfill waste — leukemia or other conditions
- Pharmaceuticals — such as tainted L-tryptophan and DES
- Industrial chemicals — such as PCBs and benzene
- Heavy metals — such as mercury
- Arsenic
Consult El Dabe Ritter Trial Lawyers
The lawyers at El Dabe Firm have extensive experience in representing victims of dangerous exposure in Los Angeles. We would love to help you.
If you, a friend, or a loved one has been harmed or injured due to suspected exposure to toxic materials, contact El Dabe Trial Lawyers to schedule a free consultation with our top toxic tort lawyers.