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A toxic tort case involves a specific number of individuals that have sustained an injury caused by exposure to hazardous substances and are seeking compensation through the judicial system. While many people consider toxic tort cases to be the same as a class action lawsuit, the primary difference between a mass tort and class action filing, is that in mass tort cases, despite being part of a larger group, each plaintiff is treated as an individual.
By comparison, in a class action lawsuit – the group filing the lawsuit is treated as a “class” – which essentially means that all members of the filing are treated as a collective group – not as individuals. If you or a loved one has fallen seriously ill due to the effects of toxic chemicals, dangerous pharmaceuticals or similar products, the injury victim may be eligible to receive compensation for their injuries.
At the offices of The Edwards Law Firm, we can help determine the merits of your claim and fight for the justice you deserve. We offer 100% FREE case assessments and only get paid when we win.
Common Types of Toxic Exposure
There are four primary areas that an individual can be exposed to toxic substances, where the exposure can be severe enough that the victim requires medical treatment for their injuries, or suffers ill-health due to this exposure.
These areas include:
- Pharmaceutical drugs – a toxic tort associated with a pharmaceutical or prescription drug is often as a result of an unexpected side effect of the medication. Recent examples of this may include Zoloft and Prozac.
- Occupational exposure – there can be two main types of occupational exposure – short term exposure to high levels of a toxic substance, or long term exposure to low levels of a toxic substance. Both can result in serious illness and medical complications for the effected.
- Consumer products – commonly used consumer product that can lead to toxic poisoning is often lawn fertilizers and various pesticides.
- Exposure in the home – household mold and toxins contained in food are often primary sources of poisoning in the home that can be serious enough to lead to filing a toxic tort lawsuit.
When preparing to file a lawsuit of this nature, it’s important to note that the plaintiff must also prove that:
- the product was dangerous
- the plaintiff was exposed to the product (often including how and why)
- the substance actually caused injury to the plaintiff
With this in mind, it’s also worth noting that due to the extensive testing data that many defendants have access to, they often attempt to discredit the validity of the plaintiff’s case, by using that data to help support their argument.
However, at The Edwards Law Firm our team of attorneys have detailed knowledge in toxic tort law, and are aware of the tactics that defendants will often employ during the litigation process.
With decades of combined legal experience helping personal injury victims throughout Oklahoma, Arkansas and Texas, we can safely guide you past the pitfalls that can arise during injury litigation.
Frequent Causes of Toxic Tort Cases
Many of these cases occur when environmental contamination causes harm to an individual. While a person can be exposed to a dangerous toxin (such as lead) in a variety of ways, there are some more common types to be aware of.
This list often includes (but is not limited to):
- Direct contact
- Through groundwater
- In drinking water
- Released in the air
- In food
- Released by refineries and power plants (usually during a fire)
- In clothing (like latex gloves)
- Ingested as vitamins or drugs
Should you find yourself becoming sick from noxious fumes or other chemicals, it’s important to try and evacuate the area as quickly as possible
Illnesses Associated with Toxins
Contact with a dangerous substance can result in a number of health hazards – some of which can cause life changing conditions for not only the injury victim, but also loved ones and those that are dependent on the injured.
Some of the most common illnesses caused by exposure to hazardous chemicals are:
- Respiratory distress
- Neurological deficits
- Immune deficiencies
In many infringement or wrongful act cases, injury victims are often unsure about who to file a suit against simply because there are often multiple manufacturers of the same types of chemicals and pharmaceuticals. This also applies to residents that are getting sick from contaminants in the air, but they may not be sure which factory is releasing those chemicals.
As a general guide, plaintiffs will file suit against everyone that may have a potential link to the dangerous substances.
Need Help? Contact Our Tulsa Personal Injury Lawyers Today
If you or someone you love has been injured by exposure to a poisonous substance, you are not alone. You may be eligible to receive compensation for mental and physical anguish, lost wages, medical costs and loss of quality of life.
The Tulsa toxic tort lawyer team at The Edwards Law Firm strongly believe that negligent individuals and companies need to be held liable and accountable for their actions, and will fight for your MAXIMUM injury compensation.
With our primary office located in Tulsa OK, we proudly provide comprehensive legal counsel to injury victims in:
…. and are ready to help you today.
To learn more – or to schedule your free initial case review, contact us today at 1-800-304-9246. You call will be answered by a member from our intake team who will quickly connect you to one of our attorneys that is best suited to handle your specific case.