Toxic torts cause a broad spectrum of injuries. Individuals exposed to different pollutants may suffer various illnesses, some immediately and others decades later.
Injured parties in a toxic torts case might have suffered exposure to potentially hazardous chemicals from things like:
- Asbestos fibers
- Groundwater contamination
- Lead paint
- Dangerous gasses
- Chemical exposure
- Defective medication
- Different types of mold
Making these lawsuits even more complex is that most of these contaminants can take years to impact the body, slowly causing harmful changes over a long period.
Once the injured party realizes there is a physical problem, their lawsuit will likely fall under five possible claims:
- Workplace or occupational exposure
- Consumer products
- Home exposure
- Environmental exposure (Like the Camp Lejuene Water Contamination Lawsuit)
- Pharmaceutical drugs
Toxic tort lawyers serve an essential role in the American justice system by holding polluters and manufacturers of toxic materials accountable for their actions or inactions and recovering damages for the victims who suffered harm.
If you or someone you love sustained an injury or illness due to toxic tort, you must contact a Gainesville toxic torts lawyer at Steven A. Bagen & Associates, P.A. as soon as possible. You have legal rights, but the law limits your time to exercise them. The sooner you get legal assistance, the sooner you can protect yourself and your future.
Why hire Steven A. Bagen & Associates, P.A.?
We fight for Florida’s injured at Steven A. Bagen & Associates, P.A. We take our jobs seriously, knowing the results of your claim will impact many areas of your life for years to come. We are passionate advocates of injured Floridians who will fervently seek justice and compensation on your behalf.
Our award-winning attorneys have obtained millions of dollars for injured clients and have an impressive 99 percent win percentage. We have over 100 years of collective experience with more than 40 years in business.
We also have the following recognitions:
- American Institute of Personal Injury Attorneys Award for Client Satisfaction
- Super Lawyers (under 5 percent of attorneys receive a Super Lawyers designation)
- American Trial Lawyers, Top 100 personal injury law firm
Recent case results include:
- $1 million for a product liability client who was changing a flashlight battery when it exploded, causing a severe knee injury
- $1 million for a product liability client whose gun holster was manufactured to the wrong specification, causing his gun to discharge.
Each case is different, and past results never guarantee future outcomes. However, we believe our results demonstrate our dedication to our clients and ensure they receive full compensation following accidental injuries. Reach out to learn what your case might be worth today.
Can You Afford a Toxic Tort Lawsuit
You may have heard the term toxic tort concerning a pharmaceutical class action lawsuit or a cancer lawsuit involving Roundup weed killer. You probably know that a toxic tort lawsuit requires extensive and time-consuming investigation and expert testimony, which can quickly get expensive. The financial obligations of a toxic tort personal injury lawsuit can easily reach thousands of dollars. You might wonder how you can even afford to file a toxic tort claim.
The good news is that attorney fees for toxic tort cases are typically paid on a contingency fee basis as they are at Steven A. Bagen & Associates, P.A. with our no-win, no-fee guarantee.
This means our Gainesville toxic torts lawyers will receive a percentage of the funds you receive when the case resolves, and you pay nothing upfront or during litigation. If your case doesn’t win a court award and doesn’t settle out of court, you owe your attorney nothing since they only work on contingency fees.
Additionally, hazardous substance exposure typically doesn’t just impact a single person. In preparing to file your legal claim, your Gainesville toxic torts lawyer will probably look for others who were similarly affected by the same or similar product or situation.
By joining multiple claims into a single large mass tort or class action lawsuit, your attorney can help defray the expenses of your toxic tort lawsuit by spreading them out over many people. This way, they can ensure you can keep more of your settlement or jury verdict. The more injured parties there are, the more your lawyer can spread out their costs.
Depending on the specifics of your case, you can also take advantage of state or federal laws that compel the lawsuit’s at-fault parties to compensate your attorney fees and the associated litigation expenses, such as expert witness fees. In addition, some environmental legislation permits this “fee-shifting” so that the injured parties’ right to sue is protected and that the cost of filing such a lawsuit doesn’t outweigh its benefit.
Toxic tort personal injury lawsuits are often large and complex, requiring the knowledge of an experienced Gainesville toxic torts attorney to help you establish your case and maximize your potential recovery. If you got sick or suffered an injury because you suffered exposure to toxic material, hire an attorney who knows their way around toxic tort claims.
Florida’s Toxic Torts Filing Deadline
A legal filing deadline is commonly known as the statute of limitations. These deadlines differ depending on the state and the type of legal matter. For example, in Florida, victims injured in a toxic tort situation have four years from the last instance of discovering their injuries. Years can pass between exposure to a toxic substance and becoming ill or discovering an injury, so you may need this extended deadline.
If you discover an injury or illness that might have stemmed from a chemical exposure you had years ago, don’t think that you don’t have a case. Instead, the clock is paused on the deadline until you discover your injuries. Once you know about your injuries or illness, the clock starts to tick. You then have four years to pursue a personal injury claim seeking compensation for your injuries.
Four years might seem like a long time if you’ve recently discovered your injuries or illness.
However, it’s in your best interest to hire a Gainesville toxic torts attorney as soon as possible. Your attorney will need to investigate who might have caused your injury or illness, figure out how to prove your claim, potentially combine your case with others, and hire expert witnesses who can testify to the damage your chemical exposure may have caused.
FAQs About Toxic Torts
What is a Toxic Tort?
A toxic tort refers to a legal claim for harm arising from exposure to hazardous material. The material or substance can be something like a pharmaceutical drug, chemical, or pesticide.
Most injuries related to toxic torts occur from:
- An occupational exposure: Industrial employees become exposed to toxins at work such as exposure to asbestos, beryllium, benzene, or silica
- Pharmaceutical medications: Prescription medications can cause unintended side effects
- Home exposures: Breathing or ingesting harmful substances in the home, including toxic mold
- Consumer products: Product use causes unintentional injuries or illnesses, for example, the weedkiller Roundup/glyphosate and other chemical-based products
How Do You Prove Fault in a Toxic Tort Case?
Those injured by toxic torts can have several legal frameworks they can rely on to establish liability and obtain financial compensation for their injuries. These frameworks in toxic tort cases include:
The injured party or their Gainesville toxic torts lawyer in a negligence claim must prove that:
- The other party had a duty to use ordinary care toward the injured party or the general public
- The other party’s action or failure to act violated that duty, for instance, a business owner didn’t give workers the necessary safety equipment to avoid inhaling asbestos
- The victim or the general public suffered harm
Product liability theory applies when a consumer product is defective or unreasonably hazardous or if a manufacturer fails to warn consumers of the health and safety risks of the product. In such cases, the product designer, manufacturer, or distributor can be liable for any harm the product causes. Recent Roundup-cancer lawsuits are a prime example of this type of case.
Strict Liability for Extremely Hazardous Activity
In some toxic tort cases, certain behaviors are so unsafe that anyone engaging in the behavior will be held legally responsible (strictly liable) for any damages they cause for example transporting dangerous chemicals. When strict liability applies, injured parties in these cases don’t have to show that the at-fault party acted negligently or carelessly.
Intentional Misrepresentation or Fraud
Suppose the at-fault party knew that a substance was hazardous but intentionally concealed the danger or deceptively promoted the product. In that case, injured victims might have a claim arising from intentional misrepresentation or fraud.
What Types of Challenges Do Toxic Tort Cases Pose for Injured Parties?
Those injured in toxic tort cases frequently face many obstacles in their pursuit of financial recovery. One obvious challenge is the issue of who to hold at fault. Does the fault lie with the substance’s manufacturer, a party who exposed them to the dangerous substance, or the entity responsible for its use and storage?
Often, there is a long time between the initial exposure to a toxic substance and when the injured party notices symptoms. This can be problematic for anyone pursuing a toxic tort claim due to the statute of limitations and needing sufficient evidence to connect toxic exposure to the claimant’s injury or illness.
The older and less direct the evidence, the more difficult it can be to prove causation or the link between the exposure and harm. For instance, people who witnessed the exposure incident might have died in the interim or may not be available. In addition, the injured party might have underlying medical conditions or events that the at-fault party can say caused their injury instead of the toxic substance in question.
For all these reasons, those injured by a toxic tort must have an experienced Gainesville toxic torts lawyer on their side, ready to fight for their rights and prove the essential points in their case.
My Dangerous Chemical Exposure Occurred Years Ago. Can I Still File a Lawsuit?
Injured parties must bring a lawsuit within a specific time after their harm occurs under Florida’s statute of limitations. However, as is common in toxic tort cases, many injured individuals don’t learn about their injuries until several years after their exposure to the hazardous material occurred. Many symptoms can take years or even decades to become evident.
However, Florida law supports the discovery rule. The clock doesn’t start ticking on the statute of limitations deadline until the injured person finds out about the harm they previously suffered or when they reasonably should have discovered it.
If you recently became ill or discovered injuries from your exposure to a concerning chemical, meaning you just found that it harmed you, it’s probably not too late to pursue compensation for your injuries. Contact a knowledgeable Gainesville toxic torts lawyer right away. If you don’t, you can miss out on receiving the compensation you deserve for the illness or injuries you unfairly suffered.
Contact a Seasoned Gainesville Toxic Torts Lawyer
Suppose you believe you’ve suffered an illness or injury related to exposure to a toxic substance. In that case, you need to know you have rights. A seasoned Gainesville toxic torts attorney best protects these rights. Your attorney can review all the evidence in your claim and perform additional research to prove the links between your exposure and damages.
We provide free case consultations to injured parties at Steven A. Bagen & Associates, P.A. You can schedule yours today by contacting us online or calling (800) 800-2575. Remember that time is of the essence, and the sooner you contact us, the sooner we can advocate for you.
Bagen Law Accident Injury Lawyers – Gainesville Office
6241 NW 23rd St,
Gainesville, FL 32653
Phone: (800) 800-2575
“My experience was beyond satisfactory, from the first call with Mr. Bagen for consultation, to working with Megan to achieve the end goal. I definitely want to thank them for their hard work and dedication to my case along with the warm and friendly care. My calls were always returned in a timely manner, and no matter the question I had Megan always helped. I would highly recommend.
Once again I can’t thank you guys enough!” – Teresa S.
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