If a toxic substance results in injury to a person or causes economic damages, he or she may have grounds for pursuing a claim in a California court. When another person’s carelessness or negligence causes an accident that results in injuries in connection with a toxic substance, a recovering victim or immediate family member of a deceased victim may have grounds for legal recourse. The legal term that refers to such cases is toxic tort injury.
State laws vary regarding toxic tort and other personal injury litigation issues. Therefore, a person considering filing such a claim would want to first consult with an experienced injury law attorney to seek clarification of any California laws that might be relevant to a claim. It is not uncommon for a product manufacturer or distributor, a co-worker, or even a pharmaceutical company to be named as a defendant in a toxic tort injury claim.
Typical damages in a toxic tort claim
Besides medical expenses, there are numerous other types of damage that can be included in a toxic tort claim. For instance, lost wages are recoverable. In many states, a plaintiff can seek recovery for emotional trauma, in addition to physical pain and suffering. California has specific laws regarding this issue.
If a toxic substance has caused a fatality, an immediate family member of the decedent may seek financial recovery for a wrongful death when another person’s negligence was the proximate cause of the toxic tort injuries that occurred. Examples of such cases might include a plaintiff filing a wrongful death claim against a prescription drug manufacturer for insufficient labeling of a product or a worker who is suffering from a terminal illness filing a claim when the illness was caused by asbestos exposure on the job. Toxic tort litigation is complex and often difficult to prove, which is why it is always best to seek support from an experienced attorney before filing a claim.