There are dozens of substances, both natural and manmade, that have the potential to be dangerous for human health when exposure occurs. Many of these substances are used in products, tools, foods, or medicines that are used on a daily basis, or are even found in the air we breathe or water that we drink. When an individual is exposed to a dangerous toxin, and suffers adverse health effects and harm as a result, that person may decide to bring forth a lawsuit against the responsible party. This is known as a toxic tort, and is important for two reasons: First, a toxic tort helps a harmed or ill person recover compensation for their losses caused by toxic exposure, and second, a toxic tort can raise awareness about dangerous chemicals or products, thereby helping to protect others.
If you believe that you have been exposed to a dangerous chemical or toxin via products you use or your environment, our experienced Birmingham toxic tort attorneys at the law offices of Burge & Burge, PC are here to help you file your claim, prove liability, and recover compensation for your losses.
Common Types of Toxic Tort Claims
In a toxic tort claim, a person or a group of people (known as a class action) bring forth a claim that alleges that they were exposed to a toxin or dangerous substance, and that this substance has directly caused an injury or illness. Some of the most common types of toxic tort claims involve the following scenarios:
- Contaminated drinking water. Contaminated drinking water is a huge problem and public health concern, and has affected communities across the country. One of the most notorious cases of contamination is the Love Canal tragedy, in which the members of a neighborhood near Niagara Falls, NY were exposed to dangerous chemicals that had seeped into the soil as a result of toxic landfill waste. The exposure led to cancer, birth defects, and other health complications. The incident was not isolated; since that time, dozens of other communities have been the victims of contaminated air, soil, and water.
- Workplace exposure. Another type of toxic tort claim may derive from workplace exposure. In many industries, workers are tasked with handling dangerous chemicals or toxins, sometimes unknowingly. Consider asbestos: before asbestos was prohibited, many workers came in contact with the fibers on a daily basis, leading to diseases such as asbestosis and mesothelioma years later.
- Consumer products. It’s hard to believe that the products that we all use on a daily basis, and which our children use, could be contaminated with dangerous toxins and chemicals. Unfortunately, the truth is that hundreds of things found in the home have the potential to be dangerous. Consider Teflon, the non-stick coating surface that is found in pans in homes throughout Alabama. Teflon uses perfluorooctanoic acid (PFOA) in its production. PFOA is also used in a variety of fabrics, carpeting, stain-resistant materials, and other products. This chemical is linked to cancer, liver effects, birth defects, and immune effects, amongst other complications.
The above list of common toxic tort cases is not complete; any time a dangerous chemical or toxin causes an illnesses, determining the source of that toxin and taking action is important.
Why Toxic Tort Claims Demand the Attention of a Legal Professional
As mentioned above, filing a toxic tort claim is essential for recovering the compensation that you deserve for your injuries and losses, and also for raising awareness about a human health hazard and holding a responsible party (often a company) liable for their actions.
But toxic tort claims are extremely complex, and successfully pursuing one is very challenging. For example, when a person or group of people develop an illness, it can be very difficult to trace the precise source of that illness. Even if the cause of the illness is determined (i.e asbestos, PFOA, lead poisoning, etc.), the source of the cause may not be obvious. This is especially true when illnesses do not develop until years after exposure, which is very common in cases of dangerous chemicals. For example, a person may not develop mesothelioma until 20 years or more after being exposed to asbestos fibers.
Furthermore, companies that are responsible for using dangerous chemicals that cause harm to others have huge teams of highly experienced, skilled, and intelligent lawyers to represent them in toxic tort claims and preserve companies’ best interests. This means that as an individual who is pursuing a claim, you may not stand a chance against a large corporation, or even a municipal government, without an equally aggressive and skilled attorney on your side to represent you throughout the process. If you are able to file a claim, you may be offered a settlement that is a far cry from what you really deserve – when you work with an attorney, your attorney can negotiate on your behalf, or even take your case to court.
What You Should Do If You Suspect that a Toxic Tort Has Occurred
Thinking that you or one of your loved ones has been exposed to a dangerous chemical or toxin, and has suffered an illness or injury as a result, is a sinking feeling. If you suspect that you are the victim of a toxic tort, or if others in your community have been exposed to environmental toxins and you believe that you may be amongst the affected, you should contact an experienced Birmingham toxic tort attorney today.
At the law offices of Burge & Burge, PC, our toxic tort lawyers serve those in the areas of Montgomery, Mobile, Huntsville, Decatur, Dothan, Tuscaloosa, Anniston, Gadsden, and more. We are here to help you and your family seek the justice that you deserve when you have been unknowingly poisoned by a dangerous chemical.
If you want to schedule a free consultation with our law offices to pursue your legal options and learn more about the process of filing a toxic tort, please contact us today. You can reach us by filling out the online form on our website, or by calling us directly at 877-388-3749. We have the experience and passion that your case deserves.