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Questions about Toxic Tort Laws and Litigation

What is toxic tort?

A toxic tort is an injury that is caused because of being exposed to a chemical. Many types of toxic tort accidents have caused injuries to individuals. Many of these injuries happen due to chemicals such as lead poisoning which can cause brain damage, asbestos that can cause many types of lung disease, there are certain chemicals in dry cleaning, bug killers and pesticides, and magnetic fields that are related to electrical wires. There are many areas where toxic tort could be an issue. When being exposed to these different types of chemicals someone can be looking at a toxic tort case. However, many times are unaware of where to get their questions answered. Read below where Experts have answered questions regarding toxic tort laws, cases and litigation.

In the state of New York, if an individual has been living in their apartment with a gas leak and has been exposed to toxic tort and is now suffering from an illness because of toxic tort, how can he/she show that the gas leak is what caused the illness since they didn’t seek medical attention nor did the individual report the illness to the landlord?

In most situations if this individual can find a doctor or a neurologist that can show documents and evidence stating that this person had just now started suffering from this illness and it was related to the gas leak, this should be enough proof usually in court. The neurologist or doctor will need to state that the individual’s health was in good condition before the exposure and now they are dealing with different kinds of medical issues. Once, this is done the defense will more than likely try argue the case because the individual did not report the gas leak to the landlord as soon as they were aware of this case.

If a civil case for toxic tort was dismissed because the lawyer did not have enough legal medical records, whereas the lawyer did not ask the individual for their medical records, can this case be appealed?

In many cases the individual will need to discuss this with an appellate lawyer to make sure that there was not a legal mistake that can be affect the decision to appeal. The appellate lawyer will overlook the entire history of this case, up until the dismissal then they can come to some kind of agreement as to if this person will be able to appeal the case or not. Secondly if information was provided by the lawyer and the individual knew nothing about this nor gave permission for the lawyer to use, then this person will have the right to sue the lawyer for malpractice.

What type of lawyer will be able to help at least 7,000 individuals who are suffering from invega sustenna poisoning and what will need to be done in order to bring this case to trial?

In order for these individuals to bring this kind of case to trial they will need a medical doctor to be a witness that deals with this kind of medical conditions that relate to the poisoning. There are very few law firms that will deal with this, and with that many individuals that are involved they are going to need to search for the limited toxic tort firms.

If someone lives in the state of Oregon by a factory that has had a report of causing thyroid cancer in individuals if this happened over 20 years ago, will this individual still have a case against this factory?

Many times this will be defined as ‘toxic tort’. Toxic tort is where someone is exposed to a specific chemical that has caused a type of injury or disease. The statute of limitations will not start until the individual is completely aware of their disease or injury and when they are informed of where this started from. Even after 20 years if the individual is just now finding out that their thyroid cancer started because of the factory they will still have a case against this company. Like many other toxic tort situations the individual will need to show that the injury or disease actually was caused from some type of chemical. This means that they will need a medical doctor to be their witness stating that tests were ran and the results showed being related to this factory.

When dealing with toxic tort situations many individual are not aware of the statute of limitations nor which lawyer should be handling these types of cases. When being exposed to some type of chemical the individual will need to show proof on this is what has caused their injury or disease. For more information dealing with the statute of limitation of toxic tort or how to prove they are a victim of toxic tort exposure contact the Experts.

Ask a Personal Injury Lawyer

Infolawyer
Infolawyer, Attorney
Category: General
Satisfied Customers: 958
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Personal Injury Law Question Here...
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Infolawyer
Attorney
Satisfied Customers: 935
Licensed attorney helping individuals and businesses.
Ely
Counselor at Law
Satisfied Customers: 551
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dimitry K., Esq.
Attorney
Satisfied Customers: 417
I provide basic personal injury advice to my clients in my own practice.

Recent Toxic Tort Questions

  • I need to know my rights and obligations associated with

    I need to know my rights and obligations associated with toxic mold that was discovered in our office building. We are a medical clinic. A lab report received on Friday showed significant toxic black mold throughout the suite. The mold DID NOT ORIGINATE
    within our office and was caused by prior leaking exterior windows. It was also found that the landlord attempted to cover up the mold and did not inform us of the prior mold when we entered into the lease. We gave a copy of the mold report to the landlord
    who moved us out and into a different space while he determined what he would do about this. We have 3 contract employees who feel ill and we have sent them to have blood test for mold. We do not have the lab results back yet. We told the landlord we needed
    to file a claim with his insurance company. He stated he was thinking he would just pay cash but appears to be evasive and non-committal on these payments and is dragging his feet on the repairs. Meanwhile we are operating in a make-shift facility and have
    increased cost, however, our damages are not that extensive yet. Here are my questions: 1. If these employees have significant injuries or sue for damages, who's insurance company is responsible? 2. We will require assurance that the facility is completely
    mold free and safe by having mold tests done again after the work is completed. We are also concerned he will not hire a professional company to restore the facility and will do this work as cheaply as possible. If we refuse to move back in because our patients
    and/or employees are not comfortable being in the facility or we are not satisfied with the repairs, what is our recourse? 3. He moved us into the other space because of the mold, if we refuse to back into our suite, can he evict us from the temporary space?
    Are we obligated to return to the facility? 4. Can we move out of his building all together and sue him for damages, relocation costs, etc? 5. Do we have a duty to inform prior employees, patients, or anyone else who was in our facility? 6. If we lose customers
    because they are upset about the mold exposure, can we sue the landlord for these damages?
  • I live in Old Hickory, TN (Davidson County) On 10/04/14

    I live in Old Hickory, TN (Davidson County)
    On 10/04/14 (over 2 months ago) my wife's car was hitting by the ball-mount of somebody truck after he backed up while both of them were waiting in red traffic light, (although she honked to stop him from backing up, but he didn't stop and hit her car)
    The person truck didn't have any damage, but the wife’s car had a dent in the front bumper, they got out of cars and he wrote his name and phone number in a paper, but my wife didn't call a police. She called our insurance company and got a claim number.
    After about 3 weeks, our insurance sent a letter saying:
    1- “you don't have collision coverage" because I have liability insurance only and also "the information provided was for our records only"
    2- The person who hit her car never answers his phone & also our insurance talk to his insurance and they will contact you (also I got a claim number from his insurance company)
    Last week his insurance sent me a letter saying:
    “I called your wife on the line that was provided on 11/26/2014 and advised that since you do not have any supporting evidence – outside witnesses, surveillance or police report made at the time of the accident, as well as the fact that at initial contact it was reported by you that our insured was driving a truck when it was actually a sedan, also the statement provided by our insured that they were rear ended by you, I am siding with my insured and we are not accepting liability.
    I have 3 things about what happened:
    1- if it is not his fault, why he provided his information name & address & phone number!!
    2- Sedan most likely doesn't have a ball mount, so he was driving truck but I think he has more that one car (may be it's his house member car and he want to be not liable that's why he's saying he wasn't drive a truck)
    3- The other car insurance didn't want to pay to fix my wife’s car, after they made sure there is no witnesses, surveillance or police report
    So What can I do now?
    Is it late to call a police to do a report? Or even If I call the police, will not do a report because it’s over 2 months now? I mean: There is any time frame by law to report accident?
  • I have a question about hit and run accident with no injur

    I have a question about hit and run accident with no injuries.
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