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FAQs about Toxic Tort Cases


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FAQs about Toxic Tort Cases

  1. 1. Portland Toxic Tort Attorneys Answer Frequently Asked QuestionsA lawsuit brought by a person who has been harmed by exposure to a dangerous substance is calleda toxic tort suit, and Portland toxic tort attorneys are frequently asked a number of questionsregarding what is potentially a very complex legal area.People—either individuals or groups of people – are often unsure of their rights when it comes tofiling claims against pharmaceutical corporations, pesticide manufacturers or chemical companies.We list below the most commonly asked questions relating to toxic tort cases.How do toxic injuries happen?The vast majority of injuries that would lead to a toxic tort suit are made up of: • Occupational exposure to hazardous materials or chemicals while working. These substances would include things like asbestos, benzene, silica and beryllium. • Prescribed drugs that caused unforeseen and unintended side effects. • Exposure to hazardous substances within a home, either a family residence or rented accommodation. Exposure to mold—a potentially highly hazardous substance--would be a common example. People can often experience terrible symptoms if they ingest airborne particles of this relatively common substance. • Contact with common consumer products, all of which are widely available, such as pesticides and garden weed killers, which can cause serious injuries if ingested or handled incorrectlyIs it difficult to prove fault in a toxic tort case?Portland toxic tort attorneys would encourage anyone who feels they have been injured by a toxicsubstance to call for a consultation, even if they feel intimidated at the thoughts of taking on a hugemulti-national corporation. A good personal injury lawyer can establish liability though a number oflegal arguments, including: • The defendant showed negligence by not exercising due care in allowing his employees to work with a hazardous substance, such as asbestos, or by allowing members of the public to come into contact with the hazardous substance. • The defendant’s action—or lack thereof—did not meet his duty of care. Did he provide his workers with appropriate personal protective equipment? Did he have warning signs up to alert the public to potential hazards? If not, he did not take appropriate measures, and he should be held liable. • By not meeting his duty of care, a worker or member of the public was injured as a direct result of the defendant’s negligence. • In some cases, certain behavior is found by the court to be so dangerous that anyone engaging in it will be held what is referred to as strictly liable for any damages or injuries
  2. 2. that arise from that behavior. Toxic tort injury victims in such cases do not have to show that the defendant acted carelessly. • If a dangerous product or substance was known by the defendant to be hazardous, and the defendant deliberately hid that danger from the people who could be exposed to it, or marketed the product in a misleading way, an injured party could make a toxic tort claim on the basis of intentional misrepresentation or fraud.But who do I actually sue for my injuries or health problems?This is the area where the services of qualified Portland toxic tort attorneys can be essential. It canbe difficult in some cases to figure out who exactly is responsible for exposing the victim to adangerous substance.For example, plaintiffs (the injured party) may be advised to file suits against: • The manufacturer of the toxic product • The manufacturer of machinery that actually exposed a worker or member of the public to the toxic substance • The owner or lessor of the house, premises or site that either contains or emits toxins • Companies that store toxic substances in such a way as to pose the hazard of exposure to toxins • The manufacturers of the safety equipment that was meant to protect workers from exposure to toxic materials, fumes or other substances but didn’tI was exposed to toxins years ago but only recently became quite sick. Can I still sue?Again, Portland toxic tort attorneys should be your first port of call. In Oregon, very strict statutes oflimitations for filing claims do apply in personal injury cases. However--and this is most important—because the courts have recognized that symptoms due to toxic exposure can take years to manifestthemselves, most courts will apply the “discovery rule.” This means that the statute of limitationsdoes not start taking effect until the injured party actually discovers the harm.Contact a lawyer as soon as you realize that your exposure to a toxic substance has made you ill. Thelikelihood is that it is not too late to sue.I worked with asbestos more than 30 years ago and now have mesothelioma. Is there any chanceof receiving compensation?When it comes to asbestos exposure, the odds are in your favor that you will be able to receivecompensation for your injuries. It has been established for some time that asbestos manufacturersknew for many years of the health dangers in their product, but they kept these hazards hidden.Many people who were exposed to asbestos at work for prolonged periods have gone on to developa potentially fatal form of lung disease known as mesothelioma. If this has happened to you or amember of your family, you have the right to seek compensation from any or all of:
  3. 3. • The company that manufactured the asbestos • The company that installed the asbestos • An insurer or victims’ compensation fund that has assumed liability on behalf of the companies involved.After reading this, you may still have more questions regarding your rights to compensation if youhave been injured or made ill by exposure to toxic substances. One thing is certain; you shouldn’tsimply accept what has happened to you or feel it is too late to act. Contact an expert team ofPortland toxic tort attorneys for a free consultation. They will explain your rights and answer anyquestions you may have. Then, they will help you get the compensation to which you are fullyentitled and which you will need to help you on the road to full recovery.