Toxic Hazards FAQs

What is a toxic tort?
Toxic torts are a special type of lawsuit brought against the manufacturer or supplier of a chemical product which causes a toxic injury. Many times symptoms of exposure to toxins don’t surface for years or even decades, like cancer, making toxic tort cases complicated and often costly. Janet, Jenner & Suggs, because of its expertise in medical cases, has relationships with numerous medical and scientific experts who can help establish a link between exposure and illness.

What types of injuries are caused by toxic chemicals?
Injuries most associated with exposure to toxins are lung disease, blood disease and cancer. Injuries can be acute or chronic, depending on the toxin and type and length of exposure. Exposure can occur as the result of inhalation, absorption (through the skin) or ingestion (sucking or licking a contaminated surface, such as lead poisoning).

Some common toxins and their resulting illnesses are:
Asbestos – lung cancer and mesothelioma
Vinyl chloride – angiosarcoma of the liver
Benzene – leukemia and other cancers

Inhalation of toxic chemicals has also been linked to reactive airways disease, bronchitis, chemical pneumonia and pulmonary fibrosis. Solvents and other toxic chemicals absorbed through the skin can cause neurotoxic, immunotoxic, genotoxic, mutagenic and teratogenic injuries (birth defects).

How do I know if my illness is linked to toxic exposure?
An experienced attorney will need to review your medical records and any documents you have showing when, where and how long you may have been exposed to toxic substances. Our medical expertise is an edge over many other law firms in linking exposure to illness.

If my exposure was years ago, can I still sue?
Laws pertaining to time limits for filing lawsuits, called statutes of limitations, vary from state to state. A lawyer familiar with toxic tort litigation can tell you if you are still eligible to file a claim.

How long do these cases usually last?
Toxic tort cases often involve hundreds or thousands of plaintiffs and some of the largest corporations in the world. They can take many years and cost millions in legal resources. But many of these cases are tried and won and victims are compensated for years of suffering. You will not lose anything by speaking with a qualified attorney and learning about your options.

What will my attorney charge?
Most law firms that handle toxic torts are personal injury attorneys who work on a contingency basis; that is, they will not charge a fee but will take a portion of any award that is won. Janet, Jenner & Suggs is such a firm. Because toxic torts often take years and can involve large expenditures for experts, be sure you choose a law firm, such as Janet, Jenner & Suggs, with the resources to “go the distance.”

I’ve already received a workers’ comp settlement. Can I still file a toxic tort claim?
Perhaps. Some states allow an employer lawsuit in addition to workers’ compensation. You may also be able to sue other individuals or companies involved in your exposure, such as the toxin’s manufacturer. It is important to talk to a qualified attorney about this issue.

What if I don’t want to sue my employer?
Even if you were injured at work, the responsibility for a toxic tort also lies with the manufacturer or supplier of a harmful chemical or product. Therefore, you may still be able to recover damages without filing a claim against your employer. However, your employer still may be partially or fully responsible and may be the only party you can recover damages from. An attorney with Janet, Jenner & Suggs will discuss with you all your options.

Should I join a class action or file individually?
This decision depends on your individual situation and the type of class action being filed. Sometimes, in large class actions, many injured people will receive compensation, but the individual awards will be small. On the other hand, an individual lawsuit might prove more costly to you even if you win since the expenses of litigation will be born only by you. Bottom line, talk to a lawyer before you make this decision.

For more information and resources about toxic pollution and related health issues contact:

US Environmental Protection Agency (EPA)
National Institute for Occupational Safety and Health (NIOSH)
Occupational Safety and Health Administration (OSHA)
National Center for Childhood Health: Lead Poisoning Prevention Program
US Consumer Product Safety Commission: Toy Recalls