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.