When it comes to personal injury law, a legal claim can be made when an individual has been caused harm by being exposed to a dangerous substance. This can include chemicals, pesticides, or a pharmaceutical drug. In legal terms, this is known as a toxic tort. In the United States today, technology, manufacturing and medicine have advanced considerably with thousands of new products introduced on a regular basis with some products causing serious illness, be it in your daily life or on the job.
When an individual has been exposed to a new chemical or drug that causes an illness or harm to the body, the filing of a case is known as toxic tort litigation. Joseph R. Donohue has vast experience in such litigation having assisted with cases involving mesothelioma and asbestos claims, both considered tort litigation categories. Mr. Donohue will work with you from his Boston office to help you discover if you have the right to file a claim.
Claims and Defenses of Toxic Tort Litigation
With a toxic tort claim, the individual known as the plaintiff will allege exposure to a dangerous substance that caused an illness to develop or an injury. The claim can be brought about for an individual or a group of people affected. When a group files a claim, it is known as a class action lawsuit. Such cases could include exposure to asbestos while on the job. Joseph R. Donohue can help you determine if you have a case due to such exposures. Medical records would be reviewed as well as additional personal information from each individual to see if a class action suit can be filed.
Toxic tort claims can be filed based on several contexts. Occupational exposure is one such category in which industrial workers are exposed to toxins. The individual can be exposed to high levels for a short period of time or exposed for a longer time frame but at lower levels. Asbestos and benzene exposure would fit into this category.
Pharmaceutical drugs are another category of toxic tort claims. In this category, drugs used by the individual will have caused an unintended side effect. Drugs such as Zoloft and Prozac are linked to toxic tort litigation. If you have been subject to varying side effects that were not expected from taking pharmaceutical drugs, then you may have a case. Mr. Donohue can assist you with such claims by reviewing your medical records and determining if you have a personal injury claim.
Exposure in the home is also included in toxic tort litigation. Individuals who breathe or ingest substances in the home may have a claim. This category can include toxic mold. Consumer products can also result in a toxic tort claim. Products including pesticides can cause unintended illness and lead to a personal injury claim.
Fighting Your Case
Defendants in a toxic tort case will try to mount a strong defense. The defense team will try to poke holes in your case and present evidence to prove that all necessary elements of the claim have not been proven by the plaintiff. Joseph R. Donohue will use his experience as a Boston personal injury lawyer to help you fight major companies in regards to a toxic tort claim. Contact Mr. Donohue today to find out if you have a claim.