Personal Injury: Toxic Tort

Every day we are exposed to a number of toxins that are present in the air as well as in the water we drink and use. While these toxins may not be as harmful as others, it is possible that toxic exposure may result in personal injury to others. This article will discuss common toxic tort lawsuits, toxic torts and negligence claims and associated damages.

According to the Cornell Law School Legal Information Institute, "toxic tort is a personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. Victims can sue for medical expenses, lost wages and pain and suffering." A toxic tort occurs where a person suffers a personal injury as a result of the negligence of a corporation. In most cases the injury is widespread and impacts a significant number of individuals. As a result, the corporations aim at profits is criticized and the corporation is sued for the injuries. Common types of toxic tort lawsuits that are frequently filed include but are not limited to the following:

?Lead paint claims?Asbestos claims?Agent orange claims?Breast implant claims?Toxic landfill claims?Toxic waste disposal claims?Radiation disposal claims?Pesticide claims

Generally, toxic tort lawsuits are based upon product liability theories in law. Therefore, if an individual is injured he or she is stating that the product caused the injury. There are three different products liability theories that have been discussed in prior articles, however a key theory is based upon negligence. With respect of toxic tort lawsuits, the injured party claims that the company was negligent and that as a result of this negligence he or she was injured. If the injured person is able to prove that the negligence was the cause of the injury the individual will prevail in the lawsuit. One article stated that "the primary issues in respect of a toxic tort negligence claim trial is to focus of the conduct of the company being sued. The issue at hand will be the action of the company and whether the company knew of the dangers of the product at the time that the company engaged in the conduct which is the subject of the claim. In addition, the issue of whether the company’s conduct caused the plaintiff’s injury will also be reviewed."

It must be noted that there are different types of damages available to a plaintiff in a toxic tort negligence case. Dependent on jurisdiction, the following are generally available damages:

?Pain and suffering?Lost wages?Future lost earnings?Punitive damages with the sole determination of preventing the wrongdoer from repetitive conduct?Compensatory damages?Exemplary damages?Loss of consortium?Disability?Disfigurement

If you have been injured as a result of a toxic tort case involving negligence, it is important to consider consulting with an experienced personal injury attorney from the best Anchorage law firms in Alaska that have handled toxic tort. An experienced attorney will not only just review your case so as to determine what options you may have available but also the attorney is able to assess the matter in order to ascertain the most appropriate course of action that is presently available. An experienced attorney can help you preserve any rights you may have and get the compensation you deserve.

If you are looking for best anchorage lawyers, the author of this article recommends making Crowson Law Group part of your search.