Injury Claims from Exposure to Dangerous Substances
Injuries sustained from exposure to dangerous substances can go unnoticed by our bodies for hours, days or even weeks.
None of us can argue the fact that many lives are saved daily from advances in technology, manufacturing and medicine. Unfortunately some of those products and the substances they contain will cause illnesses in humans and animals.
Sometimes, these dangerous items leak into the water or air without warning and we get exposed by accident.
It doesn’t matter if it was accidental or intentional, If you are the victim of exposure to a toxic chemical, pharmaceutical, pesticide or other hazardous substance, you have rights and protections.
Toxic Tort Claims
The process used in these types of cases is called a “toxic tort” claim.
Injuries and damages from these kinds of claims can get extremely technical and it is not recommended to try and take on a large company or product name without an attorney.
Plaintiffs need to correctly identify:
- Who specifically to sue
- Is there a class action suit already in place
- What kind of damages are available to plaintiffs
- “Special proof” issues
- The substance was actually dangerous
- How you were exposed to the substance
- The substance actually cause the harm
The war fought in many toxic tort cases is determining where the exposure came from. It is extremely difficult to really determine the source of a toxic substance that caused an injury, and on top of that, the injury may not appear for years after continued exposure.
It doesn’t release the defendant from guilt, but it puts a huge burden on the plaintiff to prove that it was a specific chemical or agent manufactured by the defendant that caused the illness or injury.
The Blame Game
Once a business entity is aware of a lawsuit, the blame shifting will begin. The manufacturer points to the factory, the factory points to the hauler, the hauler points to the distributor and on and on it goes.
Many products are manufactured by multiple companies.
Or a pollutant is used by several factories in the area, but folks may not know which one is responsible for the release.
Seek Monetary compensation for exposure to the dangerous substance.
This would include:
- Manufacturers and distributors of chemicals
- Manufacturers and distributors of machines or devices that expose workers to chemicals
- Owners and lessors of premises where the plaintiff was exposed to toxic chemicals
- Manufacturers of equipment that failed to keep the plaintiff safe from chemicals, or
- Companies that stored the chemicals.
Award Damages we Seek
The types of damages existing in these cases are compensatory damages, punitive damages, injunctive relief, and attorney’s fees.
Claims involving toxic torts are lawsuits where legal representation is strongly recommended. Legal questions in these cases have become multi-faceted and difficult.
Sometimes they are even very hard to prove. That’s why you need a Personal Injury Lawyer from The Horwitz Law Group.
At The Horwitz Law Group, we offer experienced, strategic advocacy focused on financial recovery for victims and their families.
Call The Horwitz Law Group at 312-641-9200 or contact us by e-mail to schedule a free initial consultation.
More importantly, When you hire a lawyer from The Horwitz Law Group, if we don’t win your case, our services are absolutely free.