Lawsuits involving chemical or toxic elements to them are unfortunately as common today throughout Pennsylvania as ever. Anyone injured by a chemical or toxin can be involved in a legal claim against anyone else who either made those chemicals or put them near or into people. Some examples of common recent legal suits include asbestos, cigarettes and tobacco, manganese exposure in welding equipment, lead in paint, chemicals in land around people’s houses, toxins in building materials or workplaces and many more.
If you or someone you love suspects that an illness or death was caused by exposure to a chemical or toxin then an experienced chemical injury law firm can help. A legal case of this type is very complicated and involves thousands of different elements and an extensive investigation. The person or persons making the legal claim must prove that the chemical caused the injury or death and often this is very difficult to do. Previous lawsuits in or even out of Pennsylvania can help build a case against a chemical company.
Chemical and toxic exposure claims require a law firm with experience and resources. The Philadelphia chemical and toxic exposure injury attorneys at the Reiff Law Firm have been representing injured victims in complicated litigation for decades. Our firm has the knowledge and skill to assist you. Call (215) 709-6940 to discuss the details of your case.
Toxic Tort Claims in Philadelphia
When you suffer an injury due to toxin or chemical exposure, you are permitted to seek compensation through a personal injury claim. These types of injury claims fall under the category commonly referred to as toxic tort. Depending on the type of substance and the severity of exposure, an accident victim could be facing significant hardship, including physical pain, emotional trauma, and financial loss. Fortunately, toxic tort claims offer a reprieve for victims, allowing them to seek compensation to aid in their recovery.
Exposure to a harmful chemical or toxin could lead to serious medical and physical complications. Victims often experience respiratory problems, develop specific forms of cancer, or experience chemical burns.
At the Reiff Law Firm, our experienced lawyers handle various types of toxic tort cases.
Chemical or Toxic Exposure in the Workplace
Industrial and construction workers regularly come into dangerous chemicals and toxins in the course of their employment. Sometimes the exposure is concentrated for a short period, while others suffer prolonged exposure to lower levels of toxins. Depending on the circumstances surrounding your injury, you could pursue a workers’ compensation claim with your employer’s insurance or a personal injury lawsuit against a liable third party.
Defective Consumer Products
Some toxic torts result in a products liability claim. If you are harmed because a product was defective or lacked a sufficient warning label, you could have a valid injury claim against the manufacturer, designer, distributor, or other entities that were in the chain of distribution. Consumers have filed injury claims against the manufacturers of detergents, pesticides, herbicides, and other chemical-based products.
Pharmaceuticals
Over-the-counter and prescription medication often has unintended side effects or complications. If the underlying cause is a chemical reaction or a dangerous toxin, you could hold the drug manufacturer liable for your damages.
Exposure in the Home or a Place of Business
Any structure could contain toxic substances. Mold in the walls of your home or a business could cause serious health issues. Depending on the facts surrounding your case, you could file a claim with your homeowner’s insurance or file a lawsuit against a third party, including the property owner, a contractor, or even the previous owner.
Proving Liability in a Philadelphia Chemical Exposure Lawsuit
The plaintiff in a toxic tort case carries the burden of proof to demonstrate that another entity should be held liable. To prove liability, the injured victim must establish three elements.
Dangerous Substance
A plaintiff must prove that the chemical substance was considered dangerous. A product that is not normally considered dangerous would not be grounds for a toxic tort claim.
Exposure to the Substance
A plaintiff must prove that they were exposed to a harmful chemical or toxic substance. Typically, establishing exposure requires laboratory testing or medical evidence. Testifying that you were exposed is not enough to prove liability.
The Plaintiff Was Injured Because of the Exposure
A plaintiff must demonstrate that there is a connection between their injury and their exposure to the harmful chemical or toxin. This often requires testimony from a medical professional along with supporting evidence.
Many victims of toxic or chemical exposure are not immediately aware that they suffered harm. Often, it takes time before the actual symptoms are apparent. However, the longer between the exposure and the manifestation of the symptoms, the more difficult it becomes to link the harm to the exposure. Finding evidence, collecting records, gathering documents, and even interviewing witnesses becomes more challenging the more time passes.
Because of these issues, toxic tort litigation is complicated and complex. It is vital to have experience Philadelphia toxic tort attorneys working at your side.
Why Chemical and Toxic Exposure Cases Are Unique
Every personal injury lawsuit brings its own set of challenges and hurdles. Claims arising from exposure to chemicals and toxins bring their own unique problems and difficulties.
Proving Your Injury Was Caused By Exposure
Causation is a key component in any injury claim. However, in a toxic tort claim, proving that you were exposed to a harmful chemical or toxin is extremely challenging. It is often difficult to trace the source of a toxic or chemical exposure. It is not uncommon for an illness to arise months after the initial exposure occurs. Our Philadelphia toxic tort lawyers also must demonstrate that your illness did not come from another source while linking it to the chemical exposure.
Evidence is Unavailable
A plaintiff could know that their illness or injury came from a specific product or chemical exposure. However, if it took months, or even years, for symptoms to manifest, locating evidence could be difficult, if not impossible. Documents could be missing, a product could be discontinued, a retailer could be out of business, and witnesses could be harder to locate.
Proving Liability Requires Scientific Evidence
Unlike other personal injury cases, a claim involving a harmful chemical or toxin will require substantial scientific evidence. For example, to demonstrate a link between the chemical and your illness, a scientific study linking the toxin and your symptoms will likely be necessary. Other tests will be needed to demonstrate that the chemical or toxin is dangerous. Furthermore, expert witnesses will be necessary to tie the scientific documentation together. Without a combination of test results, lab reports, and expert testimony, your case will not succeed.
Class Action Lawsuits For Toxic or Chemical Exposure Injuries in Philadelphia
Some chemical and toxic lawsuits are filed when a person is injured by a pharmaceutical product, a commonly used product or even fumes from a nearby construction or industrial site. Children and the elderly can be particularly injured and are often the victims in a chemical or toxic related incident. Because these incidents typically involve more than one person a class-action lawsuit is usually filed on behalf of many victims.
In a class-action lawsuit seeking damages for chemical or toxic exposure and damages, an experienced law firm will take a case on behalf of everyone injured or potentially affected by the situation. As a result, even if a person did not initially sign up for the lawsuit they may ultimately benefit from the result if they were affected by the elements outlined in the suit. In class-action suits a law firm is able to devote more resources to helping the most people without overburdening themselves.
Some of the largest chemical and toxic lawsuits in Pennsylvania and in the country have resulted in the defective product being taken off the market, companies who are practicing unethical and harmful practices being closed, new laws protecting people to come into being, billions of dollars in settlement money being doled out to victims and their families and the protection of future generations from similar harm.
Our Philadelphia Chemical and Toxic Exposure Injury Attorneys Offer Free Consultations
The Reiff Law Firm is a personal injury law firm located in Pennsylvania that has years of experience dealing with chemical and toxic tort lawsuits and other related issues. Our Philadelphia product liability attorneys offer free evaluations on any case and are always available to answer any questions you might have regarding your particular issue. Contact our legal team at (215) 709-6940 for a free and confidential consultation on your chemical or toxic lawsuit problem and begin the healing process immediately.
