Time and again, cosmetic products have made headlines. We have read shocking news articles about how they contain heavy metals like lead, arsenic, and cadmium. Preservatives like formaldehyde and parabens are still present in multiple products to extend their shelf life.
Johnson & Johnson is in the middle of a lot of legal humdrum right now. The company is facing numerous lawsuits. Apparently, the once-reputable organization has been selling talc products like Baby Powder and Shower to Shower, which are giving people cancer!
A Short Look Into The Reality
Multiple class action lawsuits are claiming that these products contain very dangerous cancer-causing asbestos. So, asbestos is a leading carcinogen found near talc deposits. Plaintiffs are claiming that Johnson & Johnson’s feminine hygiene products are also causing ovarian cancer or mesothelioma. The medical industry has for a long time known the harmful effects of chemicals present in daily-use products.
What Is Toxic Tort Law?
Toxic tort comes as part and parcel of product liability cases. Toxic tort law is a department of law that deals with contamination, chemical poisonings, and adverse health effects. These health effects are usually the result of the workings of an individual or an organization.
Let us talk about some of the most important toxic tort cases in history. It will help us better explain what the practical scope of toxic tort law is.
The Love Canal Case took place in the 970s.
It affected the famous Niagara Falls in New York. Due to the disposal of toxic chemicals in a canal nearby, the people suffered seriously. Residents fell sick, faced birth defects, and even environmental damage.
The Erin Brockovich case of the 1990s.
We have all heard of the film where Julia Roberts plays Brockovich’s character. The real-life Erin Brockovich fought against PG&E. The company had apparently caused groundwater contamination with hexavalent chromium. Residents fell ill after using the contaminated water.
Ed Masry was the toxic tort lawyer who represented Erin Brockovich in the case against PG&E. Much like him, all toxic tort lawyers represent clients suffering due to similar circumstances.
The 101s of Toxic Tort
A tort is anyway a civil wrong. Be it an injury on the body of a person or their financial situation, or even some sort of other interest: like some kind of harm caused by someone’s negligence or even carelessness.
However, the toxic tort is something that completely differs from normal torts. Toxic torts talk about torts that involve contact with toxic substances. Toxic exposure can even involve aspects of workplace exposure, dangerous medications, and other environmental exposures that are caused by improper hazardous waste disposal.
In this case, the victim is liable to file for a toxic tort lawsuit where family members can even file for a wrongful death suit.
Sometimes even there are several class-action suits as well that take place to provide justice for individuals who have suffered the same predicaments. The results hence are binding on all the class members and its future cases.
Types of Toxic Torts
Toxic Torts are those tortious claims that arise when an individual is exposed to a toxic substance. There are several different types of toxic tort claims you can find. They are:
- Lead poisoning from pipes, paints, and even during workplace exposure.
- Lung diseases are caused by silica and asbestos exposure in construction, mining, and other heavy equipment operations.
- Birth injuries like leukemia when the child is exposed to different types of solvents, toxic wastes, and other pesticides.
- Organ and even nerve damage takes place because of benzene exposure, medications, and heavy metal poisoning.
How Can You Prove a Toxic Tort Claim?
Normally, proving a toxic charge undergoes a few intricate steps. Normally in cae of a typical tort claim, it entails the elements of negligence. They are:
- The defendant has a duty towards the plaintiff.
- There has been a clear breach of duty.
- The breach was actually caused by an injury.
- The plaintiff suffered very real harm.
However, in toxic torts, it’s a tad bit different. They are:
- A toxic substance is responsible for the injury.
- The plaintiff was never even exposed to the substance.
- The defendant was solely responsible for the plaintiff’s exposure to the substance.
- The defendant knew that the substance was toxic and intentionally exposed the plaintiff to it.
What is a Product Liability in Toxic Torts?
This talks about a legal theory that holds the manufacturers strictly liable for any harm that is caused due to the manufacturing designs or even flaws. If somewhat the product is harmful or hazardous, the plaintiff won’t have to prove negligence to file that claim.
Suppose, you know that lead paint is toxic in nature. Hence if you file a case and take it to trial based on lead paint, then as the plaintiff you have to prove a breach of duty made by the manufacturer or the painter.
The Statutes of Limitation in Toxic Torts
Toxic tort laws are in no way different from other tort laws. The statute of limitation however safeguards the right of the individual if they want to file a personal injury claim.
For instance, mesothelioma can take decades to develop after asbestos exposure. Moreover, some exposures can even be hazardous until the first lawsuits. In that case, the statute of limitations might not even work with disease diagnosis.
So, Who Are Toxic Tort Lawyers?
To find out how much toxic tort lawyers cost, let us first find out a bit about them.
Toxic tort lawyers are legal professionals who deal in toxic tort law. They represent victims with injuries or illnesses from exposure to toxic chemicals and hazardous substances. They usually represent individuals or even groups suffering from the same harm.
Much like personal injury cases, the victims here are also suffering due to the negligent actions of others. A toxic tort lawyer can represent both individuals and the companies who are defendants in the cases. Along with knowledge of tort laws, they have a working knowledge of chemicals and toxins.
Why Do Toxic Tort Lawyers Cost As Much?
Legal representation is expensive, no doubt. But have you ever wondered why? In this section, we will discuss why the services of toxic tort lawyers cost that much. We will start by explaining their roles.
First, They Bring In The Brains
Toxic tort lawyers are lawyers first. They know state and federal laws. Additionally, they also know the applicable environmental regulations and toxicology titbits to understand toxic tort cases. They also possess working knowledge of medical science and relevant regulations. Professionals having experience in dealing with exposure to toxic substances and resulting health effects are toxic tort attorneys.
Multiple Cases Under Their Belts
A toxic tort attorney will handle many types of cases. It can be an environmental pollution case, a toxic waste disposal case, toxic exposure at workplaces, and even the damaging effects of pharmaceutical drugs. If you have been a victim of defective consumer products that have harmed you, these professionals will help you out.
They Are The Best Investigators
Toxic tort lawyers investigate cases to find out how the exposure led to the plaintiff’s injuries or illnesses. They carefully go through medical records, take expert consultations, and gather evidence.
Single Parties Or Multiple Parties
Toxic tort lawyers’ costs will also depend on whether they are representing a single client or a large group. Charges for class-action lawsuits will be more. So, the bottom line is that they serve as advocates for the rights of their clients. They help the victims get the compensation that they deserve. The compensation will help them pay for medical expenses, pain and suffering, lost wages, and other damages.
Toxic Tort Lawyer Costs
A toxic tort attorney will charge you on the complexity of your case. There are multiple other factors that contribute to the costs. For example, the lawyer’s expertise, the geographical location they practice in, and the time and effort your case requires. According to recent reports, costs can range from $10,000 to $100,000. They could be potentially more. However, since we have reached the crux of our article, let’s break down the costs for you.
A Breakdown
Toxic tort lawyers cost will begin from the initial consultation. This is when they will ask the client for details of their case. They will see the merits of the case, and go through available evidence and medical records. The initial consultation can cost $100 to $500. Some lawyers may even do it free of charge.
Next, they conduct extensive legal research. Once they decide to represent you, it is their duty to build a strong case. For that purpose, they will research relevant laws, regulations, etc. For this stage, they can charge anywhere between $200 to $700 or even more. Experienced attorneys cost more.
Your toxic tort attorney will hire medical experts. The experts will weigh in on what they think about your case. This step helps the attorney establish a link between the exposure and harm. An expert may charge $250 to $850 per hour.
Final Word
Apart from these, the toxic tort lawyers will file lawsuits for the clients. They will charge court fees, document filing charges, and service fees for that. These costs can vary depending on the jurisdiction and the nature of the case.
The toxic tort lawyers cost will include deposition charges, expert witness testimony, and a final portion of the settlement. All of these charges together make up the costs of a toxic tort attorney.
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